What is 'Public Charge'?

‘Public charge’ is a test for immigrants coming to the US, and for some immigrants in the US, who are applying for a green card for the first time. It is a test to see if they will need public benefits in the future. New changes to the rules make the test harder.

Public charge does not apply to all immigrants. It does not apply to LPRs (green card holders) in the US or LPRs applying for US citizenship.  It does not apply to refugees, asylees, U-visa, T-visa, VAWA and others. Find out if public charge applies to you before you act!

The ‘public charge’ rule change is NOT retroactive. And the only benefits that count are those used by the person applying to adjust their status.  

• Benefits used by family members who are LPRs or US citizens do not count for public charge.
• MA for children under 21 and pregnant women, and MNCare do not count for public charge.

Ask a lawyer about your immigration status, what benefits you or your family can get, and if public charge applies to you. Legal Aid is confidential and free.    

         Mid-MN Legal Aid:  (800) 292-4150 (9:00 am – 4:00 pm)

Everyone, no matter their immigration situation, can access treatment, testing, and and other care for COVID-19 (Coronavirus). Public Charge, a test applied to some green card applicants and others seekinga  visa, does not consider use of health services for COVID-19. 

If you are applying for a green card or visa and are subject to a public charge test, seeking healthcare service for the coronavirus will not impact your immigration case. 

You can also explain how reduced hours, job loss, and related financial difficulties were caused by the coronavirus and they will not negatively impact you if you are subject to a public charge test. 

ICE has said they will not be looking for immigrant at or near health care facilities, hospitals, health clinics, and other medical care locations. Your priority should be to get the help you need and stay safe and healthy.