This information comes from Protecting Immigrant Families (PIF) and they have great printable one-pagers of this information in English, Arabic, Spanish, French, Haitian Creole, Vietnamese, Korean, Chinese, and Tagalog.
What is public charge?
Public charge is an immigration policy for some people who want to get a green card (Lawful Permanent Residency status) through their family members or a visa to come to the U.S. It also applies to some people with green cards who leave the U.S. for more than six months. By law, immigration officers must look at your whole life situation to decide if you can get a green card. They look at your age, your health, and your family. They also check your income, education, and work skills. Part of this check includes whether a family member or someone else has promised to support you financially.
The public charge test looks at whether you are likely to depend on the government at any time. A new policy starting September 18, 2026 says officers can look at any type of government- funded benefits you have used that are limited to people with low incomes – but having received a benefit does not automatically make you ineligible. Because these rules are complicated, it is a good idea to talk to a lawyer before you leave the country or apply for your green card.
Does public charge apply to me?
This is not legal advice - every family’s situation is different. Speak to a knowledgeable immigration attorney before submitting any immigration-related application.
| Public charge does NOT APPLY to you if: | Public charge MAY APPLY to you if: |
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When did the new public charge policy go into effect?
The new 2026 policy started on September 18, 2026. Advocates are working hard to stop this new policy, in the courts and in Congress.
Will my use of benefits like health care or food assistance hurt my green card application? Which benefits programs?
The new policy allows immigration officials to look at many factors, including any benefits use that is based on having a low income, when making a public charge determination. The policy does not include a list of programs considered and allows officials to use their own judgment. Some “earned” benefits, like Medicare, Social Security, and unemployment insurance, are not counted.
What about programs I used in the past? How far back can they look?
The new policy allows officials to count past use of cash benefits or long-term institutionalization at government expense in a current public charge determination, but not other benefits used before September 18, 2026. Starting September 18, they can look at any benefits used that are based on having a low income.
What about my kids using benefits?
Officials can look at whether a dependent uses benefits, but that information is not collected on the application form. They may use this information as a clue about the applicant's income and financial situation.
Should I quit using benefits programs now?
Public benefits programs can be helpful for families during difficult times. If you are considering applying for a green card, the new policy allows immigration officials to consider any income-based public benefits programs you are using, as of September 18, 2026. Only you can decide what’s best for your family.
What if I have a sponsor?
Your sponsor is still required to submit an affidavit of support. Immigration officers can decide whether to treat it as a positive factor. Sponsors may face more review.
I have already completed a green card application. Does the new policy apply to me?
This policy will only apply to applications submitted and postmarked after September 18, 2026. The 2022 policy applies to applications submitted before then.
Where can I get more information?
For more resources about Public Charge: Protecting Immigrant Families (PIF)
For legal help with immigration: Immigrant Legal Advocacy Project (ILAP)
For help with accessing public benefits contact us.
