Immigration Resources

What is Public Charge?

Public charge is an assessment used by immigration officers to decide certain immigration applications. They look at factors like age, health, and income to see if the applicant might depend heavily on government benefits in the future. If they believe the applicant is likely to rely on government support, their immigration application can be denied.

Does Public Charge Apply to Me or My Family?

Public charge does not apply to all immigrants. It only affects people applying for certain immigration benefits.

  • If you're not currently applying for immigration benefits or don’t plan to apply soon, public charge does not apply to you.

  • If you’re applying for a visa to enter the U.S. or a green card through a family member who is a U.S. citizen or green card holder, public charge may apply.

Public charge only applies to the person submitting the application, not other family members. However, if another family member is also applying for a green card, they will also go through a public charge test.

Public Charge is NOT a Way to Deport People.

Using public benefits will not lead to deportation or trigger immigration enforcement for you or your family.

When Public Charge Does NOT Apply:

Public charge does not apply if you are applying for:

  • Special Immigrant Juvenile Status (SIJS) or a green card based on SIJS

  • U visa or T visa or a green card through a U or T visa

  • Asylum or refugee status or a green card based on these statuses

  • VAWA (Violence Against Women Act) applications or green cards based on VAWA

  • DACA (Deferred Action for Childhood Arrivals), including renewals

  • Temporary Protected Status (TPS)

  • Green card renewals

  • U.S. citizenship

  • Programs that are safe to use

Programs That Are Safe to Use

Many public benefits are safe to use (if you otherwise meet the eligibility requirements) even if your immigration application will be subject to a public charge test, including:

  • CHIP

  • WIC

  • Medi-Cal (except to pay for long-term institutionalization)

  • Free and reduced cost school meals

  • CalFresh (food stamps)

  • P-EBT

  • Head Start

  • Unemployment

  • Social Security retirement

  • Worker’s compensation

  • Tax credits, like EITC

  • Disaster relief

  • Food pantries

  • Section 8 housing and other housing programs

  • Federal financial aid for college

  • Many more!

Consult with a trusted immigration legal representative if you are wondering about a program that you don’t see in this list.

You Have Rights

  • Your doctor is REQUIRED to honor your right to privacy.

  • You DO NOT NEED to share any information about your immigration status unless you apply for Medi-Cal.

  • If you are undocumented and qualify for Medi-Cal, this type of coverage provided by California DOES NOT trigger public charge.

  • You can still see a doctor without medical insurance. This includes care you receive in the emergency room, at community and migrant health centers, free clinics, and public hospitals.

Myth vs. Fact

Myth: Applying for Medi-Cal will make me a public charge.

FACT: Most Medi-Cal services, including emergency and prenatal care, do not affect public charge.

Myth: If my children use public benefits, it will affect my immigration status.

FACT: Benefits used by your children or family members do NOT count against you.

Myth: Receiving food assistance (like CalFresh) affects public charge.

FACT: CalFresh (SNAP) and other nutrition programs do NOT count towards public charge.

Myth: Public housing or rental assistance can harm my status.

Fact: Housing assistance, including Section 8, does NOT affect public charge.

Myth: I should cancel all my benefits to protect my immigration status.

Fact: Canceling benefits you need can harm your health and safety. Many services are safe to use and essential.

Myth: Applying for benefits will get me deported.

Fact: Receiving public benefits does not lead to deportation. Public charge primarily applies during green card applications.

Myth: All immigrants are subject to public charge.

Fact: Public charge does not apply to refugees, asylees, U visa holders, VAWA applicants, or TPS holders.

Myth: Using WIC (Women, Infants, and Children) will harm my case.

Fact: WIC is safe to use and does not affect your immigration process.

Myth: Applying for financial aid for school makes me a public charge.

Fact: Education benefits, scholarships, and student aid do not affect public charge.

Myth: If I apply for public benefits now, I can never get a green card.

Fact: Public charge is only one factor in the application process. Many people who have used benefits are still approved for green cards.

Esther, BACH patient

“I’m so thankful for the help I got from Bay Area Community Health. Before, I felt really lost and didn’t know how to apply for Medi-Cal and CalFresh. It seemed really confusing, and I wasn’t sure if I even qualified.

The team made it so much easier for me. They explained everything clearly and helped me step by step. They answered all my questions and made sure I understood what I was doing.

Because of their help, I got approved for both Medi-Cal and CalFresh. Now, my family can go to the doctor when we need to, and we have help buying food. It’s such a big relief, and I’m so grateful for the support I received.”

Immigation Resources