Know Your Rights About Public Charge - Resources for People Working with Immigrant Families
Public Charge Information for Families
The Biden public charge rule is still in place.
When a person applies for a green card, the government has to consider whether the person will depend on the government in the future. This “public charge” policy does not apply to people in the U.S. who are not applying for a green card.
Government officials can only look at benefits received by the person applying for a green card. They cannot consider benefits used by that person’s spouse, child, or other people in the house. That is true even if the green card applicant’s name is on their family member’s benefits application. Most people applying for green cards are not eligible for these benefits programs.
Immigration officials can only consider two types of benefits:
- Monthly cash assistance intended to support a person. This includes Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and state-based cash assistance programs.
- Long-term institutional care at government expense.
Using other programs will not affect your immigration status.
(January 2025)