Author: Midwest Immigrant & Human Rights Center
Last updated: September 2006

What is Public Charge?

“Public Charge” is an immigration term that describes someone who needs government assistance to survive, or will likely need government assistance to survive in the future. 

How does being a public charge affect immigrants?

If the government determines that an immigrant is a Public Charge, the government will deny the immigrant Lawful Permanent Residency (a green card). They can also be denied re-entry into the U.S. after a long absence. If an immigrant becomes a public charge within 5 years of entering the United States, the government can deport the immigrant. This almost never happens, though. 

Who does Public Charge status mostly affect?

• People who are or will be applying for a green card
• Lawful Permanent Residents who have been outside the U.S. for more than 6 months

Who will never be affected by Public Charge status?

• Refugees, Asylees, NACARA applicants and certain other categories of immigrants
• U.S. Citizens and people applying for citizenship

What if I am a victim of domestic violence who has self-petitioned under the Violence Against Women Act?

You can receive cash assistance and not be considered a Public Charge. But, you can still be considered a Public Charge if an immigration officer thinks you will not be able to support yourself because of health, age or education.

If I am applying for a green card, how will the Government decide whether I am likely to become a public charge?

The officer who reviews your application will look at your income, age, health, family status, assets, education, skills and whether you have received certain public benefits in the past.

If you are applying for a green card through the petition of a family member, your family member must submit an “affidavit of support.” The government will also look at this “affidavit of support” to decide if you meet the public charge requirement.

What is an affidavit of support?

The affidavit of support is a promise from your family member that he or she will support you if needed. The form for the affidavit of support asks for information about your sponsor’s income and assets. If your sponsor doesn’t have enough income to support your household and the sponsor’s household at a yearly income of 125% of the poverty level, you will have to submit another affidavit of support from another family member.
 
In the affidavit of support, your sponsor and joint sponsor must agree to repay the Government if you use certain benefits. The Government can ask for repayment until you die, become a citizen, or have worked 40 quarters of work.

What public benefits are considered by the government when it is deciding if I am a Public Charge?

• Cash assistance (TANF, SSI and General Assistance), and
• Long term institutional care funded by Medicaid (nursing home care or long-term residence in a mental health institution)

These are the only benefits that the government will look at to decide if you are a Public Charge.

If you have U.S. citizen children who have received cash assistance it will not make you a Public Charge unless you had no other income during that time.

If you receive cash assistance, you are not automatically considered a Public Charge. An immigration officer must consider when you received the cash assistance and what your situation was at the time.

What public benefits will not be considered by the government when it decides if I am a Public Charge?

• Food Stamps, WIC or school meals
• Medical cards for yourself and your children (“All Kids” or Medicaid)
• Child care, energy bill assistance, housing assistance, foster or adoption assistance, or other government assistance that is not cash assistance
• Food pantries or other assistance from charity

You can receive any of these public benefits and it will not affect your immigration status. Remember, it is illegal for U.S. Citizenship & Immigration Services (formerly INS) to ask immigrants to pay back public benefits before they can receive a green card or citizenship.