What is 'Public Charge'?

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‘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.

Unemployment benefits do not count for ‘public charge.’ See the COVID-19 Unemployment fact sheet or our Unemployment fact sheet to learn more.

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)

Does getting care for Coronavirus affect Public Charge?

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.

What if I’m worried about getting help to pay for my rent because of my immigration status?

Getting money to help pay your rent for an emergency does not fall under the public charge rule. When you apply to get emergency help to pay your rent (“emergency housing assistance”), they can’t ask for your immigration status, social security number, or tax status (asking if you file taxes). The information you give when you apply cannot be seen by any federal immigration officer.

If you have questions about how help paying your rent could affect your immigration status or benefits, call Legal Aid. Legal Aid is confidential and free.

Some organizations prioritize undocumented families and some help families that have kids who are citizens even if the parents are undocumented. You might be eligible for help with rent even if you think you’re not. It’s usually a good idea to call and check.

You can find current information and possible organizations with help paying for rent at the following websites: