Questions and Answers
This page lists commonly asked questions and answers about public benefits available to immigrants. It has been compiled by the RightsforHealth team.
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Last Updated: November 2022
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Public Benefits
What does it mean to be a "public charge"?
"Public charge" is a term used in U.S. immigration law to mean someone who primarily depends on government assistance to survive. If the U.S. immigration agency thinks you are a “public charge,” you could be refused entry to the United States or deported.
Fortunately, few people are deemed to be a public charge. Only noncitizens 1) who rely on public cash assistance to live or 2) who are institutionalized for long-term care at government expense are considered a public charge.
Disqualifying assistance includes state or local cash assistance programs for income maintenance such as Supplemental Security Income (SSI) and the Temporary Assistance for Needy Families (TANF) program. But you can freely accept any non-cash assistance like Medicaid, food stamps, WIC, unemployment insurance, housing benefits, or cash assistance that is not for income maintenance.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Fortunately, few people are deemed to be a public charge. Only noncitizens 1) who rely on public cash assistance to live or 2) who are institutionalized for long-term care at government expense are considered a public charge.
Disqualifying assistance includes state or local cash assistance programs for income maintenance such as Supplemental Security Income (SSI) and the Temporary Assistance for Needy Families (TANF) program. But you can freely accept any non-cash assistance like Medicaid, food stamps, WIC, unemployment insurance, housing benefits, or cash assistance that is not for income maintenance.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Can I accept public benefits without affecting my immigration status?
There are certain limits on receiving public benefits for some people, but if you are a U.S. citizen, a refugee, or an asylum-seeker, there are few limits on the public benefits you can accept.
If you lack immigration status, are on a temporary visa, or have a green card, there might be some limits on what public benefits you can get without hurting your immigration status.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
If you lack immigration status, are on a temporary visa, or have a green card, there might be some limits on what public benefits you can get without hurting your immigration status.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
What benefits might affect my immigration status?
- Receiving most of your income from government cash assistance, including Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF) can hurt your immigration status.
- Receiving long-term institutionalization care paid for by the government, such as living at a long-term care facility paid for by the government, can hurt your immigration status.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
What public benefits can I accept without affecting my immigration status?
- Medicaid and other health insurance and health services (if not used for long-term use of institutional services),
- Children's Health Insurance Program (CHIP),
- Food assistance programs such as Supplemental Nutrition Assistance Program (SNAP, also known as food stamps) and free or subsidized school lunch programs,
- Special Supplemental Nutrition Program for Women, Infants, and Children (WIC),
- Housing benefits such as federal rental assistance,
- Immunizations and testing for communicable diseases benefits,
- Disaster and pandemic assistance, including hurricanes or wildfires, or pandemics and their aftermath,
- Home energy assistance,
- Childcare services, and
- Home and community-based services.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Can I accept housing assistance? For example, can I stay at a public homeless shelter?
Yes, and it will not affect your immigration status. Non-cash assistance is not considered in the public charge determination.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Can my kids accept school lunches?
Yes, and it will not affect your immigration status. Your kids can accept any meals provided by their schools. Non-cash assistance is not considered in the public charge determination.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Can I go to the emergency room to get medical care?
Yes. You can and should always go to the emergency room if you need emergency medical care.
Receiving healthcare does not affect your immigration status, unless it is funding long-term institutionalization paid for by the government.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Receiving healthcare does not affect your immigration status, unless it is funding long-term institutionalization paid for by the government.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Can I receive healthcare using Medicaid?
Yes, and it will not affect your immigration status, given it is not used to fund long-term institutionalization.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Can I visit a soup kitchen, or use food stamps?
Yes, and it will not affect your immigration status. Non-cash assistance is not considered in the public charge determination.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
If I am pregnant, can I get care using Medicaid?
Yes, and it will not affect your immigration status, given it is not used to fund long-term institutionalization.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
If I am a primary caregiver, am I free from the public charge rule?
No. Being a primary caregiver is not a relevant factor to public charge inadmissibility.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Can I receive COVID-19 benefits?
Yes, and it will not affect your immigration status. Pandemic assistance is not considered in the public charge determination.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Can I accept health insurance that my state helps me pay for?
Yes, and it will not affect your immigration status, given it is not used to fund long-term institutionalization.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
If a natural disaster causes harm to myself or my property, can I accept government assistance?
Yes. Disaster relief does not affect your immigration status. Non-citizens can accept any federal, state, or local relief for disasters and pandemics.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Can I accept donations from charities, such as the Salvation Army, religious groups, or other private groups?
Yes, and it will not affect your immigration status. Public charge determinations are only made based on public benefits, not donations from private groups.
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Will something I did in the past that violates these rules affect my immigration status?
Maybe. The USCIS will consider past receipt of public benefits most indicative of whether a person is likely to become primarily dependent on the government for subsistence.
Source(s):
U.S. Citizenship and Immigration Services: "Final Rule of Public Charge Ground of Inadmissibility"
https://www.uscis.gov/archive/final-rule-on-public-charge-ground-of-inadmissibility
Source(s):
U.S. Citizenship and Immigration Services: "Final Rule of Public Charge Ground of Inadmissibility"
https://www.uscis.gov/archive/final-rule-on-public-charge-ground-of-inadmissibility
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