Starting September 18, 2026

Immigration officers can look at any type of benefits you have used that are limited to people with low income as part of the Public Charge test. These rules are complicated, and you should talk to an immigration lawyer before you leave the country or apply for your green card.

A Public Charge is a person who depends on the government for their basic needs. When applying for a green card, Immigration officers use the Public Charge test to see if you will need to depend on the government for basic needs at any time. 

If the government identifies you as a Public Charge, this can affect your ability to:

  • Get a visa to enter the United States 

  • Get permanent residency (green card) 

  • Change or renew status (does not apply to green card holders or applicants for citizenship) 

Public Charge does not apply to you if: 

  • You are a U.S. citizen 

  • You have a green card / permanent residency and stay in the United States 

  • You have or apply for TPS, U or T Visa, Asylum or Refugee status, or Special Immigrant Juvenile (SIJ) Status 

  • You apply for a green card as a SIJ, asylee, refugee, or any other humanitarian status 

  • You apply for a green card with a U or T Visa status 

  • You have no way to get a green card  

  • You do not plan to apply for a green card in the future

Public Charge does apply to you if: 

  • You plan to apply for a family-based or employer-based green card 

  • You have a green card but leave the United States for more than 6 months 

This is not legal advice

Every situation is different. Only you can decide what is best for your family. If you are unsure about how this information may impact you, please contact an immigration lawyer or immigration law office about your situation.

Remember:

  • You have the right to seek health care for you and your family

  • Having health insurance helps people live longer, stay healthy; allowing you to work, go to school, and care for your family

  • Getting preventative care can keep future medical costs low