The information on this resource page is subject to change and will be updated by GVHC as new details become available. Please note that we are not immigration experts; we are simply sharing relevant updates on these important topics. This is not legal advice – every family’s situation is different. Speak to a knowledgeable immigration attorney before submitting any immigration-related application.
Some people are concerned about applying for public benefits for their eligible family members, such as children, due to their own immigration status. You have rights in this country no matter where you were born. We encourage you to learn more about your situation.
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 that will take effect on September 18, 2026 says officers can look at any type of 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.
Frequently Asked Questions
The elimination of the current rule and the new public charge policy is set to go into effect on September 18, 2026. This means that any application pending, filed, or postmarked on or before September 17, 2026 will be considered under the current 2022 rule. Under the current 2022 rule, only cash assistance for income maintenance and long-term institutionalization at government expense were considered. See below for what has changed.
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 rule does not name any specific programs and allows officials to use their own judgment.
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.
The new policy allows officials to consider a dependent’s use of benefits in a public charge determination. Officials can also consider the applicant’s economic conditions during the time their dependent used benefits.
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 is best for your family.
The policy says that your sponsor is still required to submit an affidavit of support. DHS may consider it in the public charge determination.
English 
Spanish 
