Public Charge Rule - What It Is and How It Works
The Public Charge rule is part of U.S. immigration law. It applies to certain immigration categories and means that a person may be denied a visa or a green card if an officer determines that the person is likely to become a “burden on the government.”
In December 2022, the U.S. Department of Homeland Security (DHS) officially returned the Public Charge rule to the version that was in effect prior to 2019.
Official USCIS announcement:
www.uscis.gov/newsroom/news-releases/dhs-publishes-fair-and-humane-public-charge-rule
What is NOT considered Public Charge
- Medicaid (except for long-term institutional care)
- Food Stamps / SNAP
- WIC, CHIP
- Food banks and free food
- Housing assistance
Receiving these types of assistance is not a basis for denial of a green card.
What may be considered
- Cash assistance through TANF
- Long-term government institutionalization
To whom the Public Charge rule does NOT apply
This is explicitly stated in the law (8 CFR 212.23):
- Refugees
- Asylees - applicants for and recipients of asylum
- Individuals with TPS status
- U visa, T visa, VAWA, and other humanitarian categories
Official text of the law:
www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
Important: the Public Charge rule did not apply, does not apply, and will not apply to asylum seekers - neither in court, nor when applying for a green card, nor when applying for citizenship.
2025 updates
In 2025, DHS published a proposed set of possible changes to the Public Charge rule. This document:
- has not taken effect;
- is not applied in practice;
- has not changed the 2022 rules currently in force.
As of early 2026, the rule in effect is the version dated December 23, 2022.
Summary
- Can you use welfare? - YES
- Can you receive food stamps? - YES
- Can you receive Medicaid? - YES
- Will this affect asylum, court proceedings, or a green card? - NO
Disclaimer: The information provided is for general informational purposes only and does not constitute legal advice. Immigration rules may change. For guidance on your specific situation, consult official sources or a qualified immigration attorney.
