Public benefits are government programs that help with food, health care, housing or cash. Public charge is an immigration test that asks if a person is likely to depend on the government in the future. Many newcomers avoid help they are allowed to get because they are afraid of this test. The rules changed in 2026, so read carefully.
On September 18, 2026, a new federal rule took effect. It removed the 2022 public charge rule.
Officers now look at the whole situation: age, health, family, money, education, skills, and use of public benefits. They have more freedom to decide.
Under the new USCIS guidance, many means-tested benefits (programs based on low income), such as Medicaid, SNAP (food stamps) and housing help, may be considered. In some cases, benefits used by certain family members may also be considered.
Not retroactive: benefits you received before September 18, 2026 are judged under the old rule, where generally only cash assistance and long-term care in an institution paid by the government counted.
Green card applications filed before September 18, 2026 are decided under the old rule.
The policy is in flux. States, cities and organizations sued in September 2026, and courts may pause or change the rule. Check for updates before you decide.
Mainly people applying for a green card inside the US, or for an immigrant visa or some visas abroad.
It does not apply to US citizens, including your US-born children.
It does not apply when you apply for citizenship (naturalization).
It generally does not apply to refugees, asylees, some crime and trafficking victims (U and T visas), VAWA self-petitioners, and Special Immigrant Juveniles.
Most people who already have a green card are not tested again, unless they leave the US for a long time and come back.
Eligibility and public charge are two different questions. Eligibility differs by program, by status and by state.
Temporary visa holders (students, workers, visitors) generally cannot get most federal benefits.
Many green card holders wait 5 years for Medicaid and some other programs. States may cover some people sooner.
Refugees and asylees can get many programs from arrival, but Congress narrowed SNAP for some noncitizens in 2025, including some refugees and asylees who do not yet have a green card.
Emergency medical care in a hospital is available to everyone.
US citizen children in your family may qualify on their own.
This differs by state; see In your state below.
Do not stop or refuse a benefit just because of rumors. First get advice.
Talk to a nonprofit immigration legal service or an immigration lawyer before you apply for a benefit or a green card. Many give free advice.
Keep records of every benefit you received and the dates.
If you are applying for a green card, ask an advisor what the new rule means for your family.
Taking your US citizen child off health care out of fear, without advice.
Believing a "notario" who promises a sure result. Use a licensed lawyer or an accredited representative.