Benefits You May Obtain without Public Charge Consideration

We often get a question if applying for some type of public benefit will affect the applicant’s future green card case or immigrant status.  USCIS has updated its fact sheet on public charge determinations.  Here is a list of benefits noncitizens can apply without worrying about burdening their sponsors or affecting their immigration cases:

  • Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care
     
  • Children's Health Insurance Program (CHIP)
     
  • Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
     
  • Housing benefits
     
  • Child care services
     
  • Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
     
  • Emergency disaster relief
     
  • Foster care and adoption assistance
     
  • Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education
     
  • Job training programs
     
  • In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and
     
  • Intervention, and short-term shelter)
     
  • Non-cash benefits under TANF such as subsidized child care or transit subsidies
     
  • Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and
                 
  • Veterans' benefits, and other forms of earned benefits
  • Unemployment compensation

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for ongoing cash assistance for income maintenance, they are not subject to public charge consideration.

Please also note that in general, lawful permanent residents who currently possess a "green card" cannot be denied U.S. citizenship for lawfully receiving any public benefits for which they are eligible.

Siyuan Chang