What is Public Charge?

Public charge is someone who the government believes is likely to become dependent on the government for basic needs. If someone is considered a public charge by the U.S. Citizenship and Immigration Services or U.S. Department of State, this can affect their future eligibility to:

  • Gain a visa to enter the U.S.

  • Gain permanent residency (a “green card”)

  • Change or renew their status (does not apply to green card holders or applications for citizenship)

 
 

What are public benefits?

Public benefits are government programs for people who have low-income. Public benefits help with food, housing, cash assistance, or healthcare.

 
 

If you have a status listed below, you can safely use public benefits:

  • U.S. Citizens

  • Green card holders - unless you travel outside the U.S. for more than 6 months

  • Refugee or asylee

  • Special immigrant juvenile

  • U or T Visa (visas for victims of crimes)

  • Violence Against Women Act (VAWA) approved self-petition

  • Relief under Cuban Adjustment Act (CAA), the Nicaraguan and Central American Relief Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA)

  • Afghan and Iraqi employees of U.S. Armed Forces

  • Members and families of the U.S. Armed Forces, Ready Reserves, or military serving in active duty

If you have one of these statuses, you can safely use public benefits without hurting your chance of getting a green card or U.S. citizenship.

 
 

Immigration only looks at the following benefits:

  • Cash benefits from Wisconsin Works (also called W2 or welfare), and Supplemental Security Income (SSI)

  • Assisted living or nursing home facility paid for by a Medicaid long-term care program

  • Someone in the household gets W2 or SSI cash benefits and it is the only income for the household

Using these benefits may affect you if you need to change your status, apply for a green card, apply for a visa, or renew a visa.