"Public charge": Does receiving benefits affect a green card?

Immigration law may prevent a person who is considered likely to need public assistance in the future from obtaining a visa, entering the United States, or getting a green card. This is called "public charge". A new rule took effect on September 18, 2026, and the assessment was expanded. On this page, you will find who the rule applies to, what is counted, which date matters, and what you should check before applying.

• The Department of Homeland Security (DHS) repealed the 2022 public charge rule. The new rule was published in the Federal Register on July 20, 2026, and took effect on September 18, 2026.
• Under the 2022 rule, only cash assistance and long-term institutional care paid for by the government were considered.
• Under the new system, the officer considers the following together:
  • the mandatory factors in the law: age, health, family status, assets and financial status, education, and skills
  • Form I-864, if applicable (affidavit of support)
  • any means-tested public benefits: cash assistance, public or subsidized housing, food assistance (SNAP), government-supported health insurance, financial aid for college, and similar benefits
  • other relevant information specific to the person
• Officers' discretion has expanded. The decision is made individually by considering the person's overall circumstances.
• Earned benefits such as Social Security retirement benefits, Medicare, and unemployment insurance are not considered means-tested benefits.

• For benefits received before September 18, 2026, only the following are considered:
  • SSI
  • TANF
  • cash income assistance from state, tribal, territorial, or local governments
  • long-term institutional care paid for by the government (for example, nursing home care). Medicaid received before this date is counted only within this framework.
• Any means-tested benefit received on or after September 18, 2026 may be considered.
• Applications and approvals also matter: applying for a benefit or being approved for a benefit on or after September 18, 2026 may also be considered. Applications submitted before this date are not counted.
• If a benefit has an approval period extending beyond September 18, 2026, the officer considers the portion after that date. You may submit documentation showing that you stopped receiving the benefit or withdrew your application.
• The rule applies to green card applications (Form I-485) mailed or submitted electronically on or after September 18, 2026 and to applications for admission submitted after that date.

• Applies to: Most people applying for a green card from inside the United States (adjustment of status, I-485). Examples:
  • Spouses, children, and parents of U.S. citizens
  • Spouses and unmarried children of green card holders
  • Siblings and married children of U.S. citizens
  • Fiancés (K-1)
  • Employment-based applicants and investors (EB-5)
  • Diversity visa (DV) selectees
• Exempt: The following groups are not subject to a public charge assessment under the law. Examples:
  • refugees and asylees
  • applicants for Temporary Protected Status (TPS)
  • T and U visa holders (victims of human trafficking and crime)
  • domestic violence victims applying on their own behalf under VAWA
  • children with Special Immigrant Juvenile status (SIJ)
• Visa applications: The public charge law also covers visa applications. However, the consular officer decides visa applications under Department of State rules. The DHS's new rule applies to admission at the border and green card applications from inside the United States.
• Pregnancy alone does not provide an exemption. The officer may consider that pregnancy and the postpartum period are temporary.

• For you to be considered to have "received" a benefit, it must have been provided in your name.
• A benefit received by your child or another relative is not considered yours. An application you submit on behalf of someone else is not attributed to you.
• However, if your child or someone you support receives a benefit because your income is low, the officer may consider that low income as part of your financial circumstances.
• For the assessment, your household consists of you, your spouse living with you, your parents, your unmarried siblings under age 21, and your children; it also includes people you list as dependents on your tax return or who list you as a dependent.

• Receiving benefits in the past or currently is not, by itself, enough for a public charge determination.
• A person who has never received benefits may still be found to be a public charge based on the other factors.
• The officer considers the amount, duration, and recency of the benefits.
• Documentation showing that you stopped receiving a benefit or withdrew your application will be considered.
• If you show benefits received while you were in an exempt status (for example, while you were an asylee), the officer will consider those benefits as well.
• Some benefits are provided regardless of immigration status (for example, emergency medical care and school meals). This does not mean they are exempt for public charge purposes; the officer considers the nature of the benefit.

• In most family-based applications, the sponsor promises through Form I-864 to financially support the immigrant. This is a legally binding contract with the government.
• The sponsor must show income equal to 125% of the poverty guideline based on household size. Amounts effective March 1, 2026 (48 states and DC):
  • 2-person household: $27,050
  • 3-person household: $34,150
  • 4-person household: $41,250
  • 5-person household: $48,350
  • Add $7,100 for each additional person
  • For active-duty military members sponsoring a spouse or child, the threshold is 100%.
• If the sponsored immigrant receives SNAP, Medicaid, SSI, TANF, or CHIP, the agency providing the benefit may seek reimbursement from the sponsor. If the sponsor does not pay, a lawsuit may be filed.
• The sponsor's obligation ends if the immigrant becomes a U.S. citizen, reaches 40 qualifying quarters of work, loses their green card, or the sponsor or immigrant dies. Divorce does not end the obligation.
• New form edition: USCIS published a new edition of Form I-864 (08/24/26) on August 31, 2026. Since October 1, 2026, only this edition has been accepted. The new edition includes a consent section authorizing USCIS to request information from credit reporting agencies.
• Public charge bond: If the officer determines that the person would be denied solely because of public charge grounds, the officer may invite the person to post a bond. The bond is submitted using Form I-945. A bond from a person who was not invited to post one will not be accepted. If a person with a bond receives any means-tested benefit, the bond is breached.
• Detailed process: see 3.2 Green card through a family member.

1. Check whether the category you are applying under is subject to public charge rules (see the list above).
2. List the benefits you applied for in your own name, were approved for, or received after September 18, 2026.
3. If you stopped receiving a benefit or withdrew your application, keep written proof.
4. Prepare documents showing your income, assets, health insurance, education, and job skills.
5. Have your sponsor prepare the new edition of Form I-864 and current income documents.
6. If your situation is complex, consult an immigration attorney before applying. This guide is not legal advice.

• Canceling your citizen child's insurance because you think, "My child's Medicaid will jeopardize my green card." Benefits received by your child are not attributed to you; only your low income may be considered.
• Assuming that health and food benefits received before September 18, 2026 will also be counted.
• Not knowing that an application submitted after September 18, 2026 may be counted even if no benefits are received.
• The sponsor using an old edition of Form I-864.
• Assuming that divorce ends the sponsorship obligation.
• Unnecessarily worrying that retirement benefits, Medicare, or unemployment benefits are considered "public assistance."

• Is it forbidden for me to apply for benefits? No. The rule does not prohibit you from applying for benefits for which you are eligible. However, applications and benefits after September 18, 2026 may be considered.
• I already have a green card. Will receiving benefits affect my card? This rule applies to green card applications and applications for admission to the United States. For information on protecting your card during long stays abroad, see 3.11 Protecting your card.
• Are Social Security retirement benefits or Medicare counted? No. Earned benefits are not considered means-tested benefits.
• I received Medicaid while pregnant. Does this count? If you received it on or after September 18, 2026, it may count. The officer may consider that pregnancy is temporary.
• I came as a refugee. Does public charge apply to me? Refugees and asylees are exempt. It is helpful to document benefits you received while in an exempt status.
• I will come from Turkey on an immigrant visa. Will this rule affect me? The consulate decides the visa application. At the border, however, the DHS rule applies. For the interview, see 3.9 Immigrant visa interview (Ankara).

• Federal Register – Full text of the public charge rule
• USCIS Policy Manual, Volume 8, Part G (public charge)
• Form I-864, Affidavit of Support (PDF)
• Form I-864 instructions (PDF)
• I-864P, 2026 poverty guidelines
• Form I-945, Public Charge Bond