Few topics in immigration law generate more fear and more misinformation than public charge. Families across San Antonio, Eagle Pass, and the Rio Grande Valley routinely avoid essential services like food assistance, children’s health insurance, and prenatal care because they believe using any government benefit will destroy their immigration case. Some of that caution is warranted. Much of it is not.
The public charge rule determines whether an applicant is likely to become primarily dependent on the government for support. It is a factor in certain green card applications and visa decisions. But the rule is narrower than most people think, and understanding what actually counts (and what does not) can prevent families from sacrificing their health and wellbeing for no legal reason.
At The Lozano Law Firm, Board-Certified Immigration Attorney Alfredo Lozano helps families understand how the public charge rule applies to their specific situation. This guide explains what the rule covers in 2026, which benefits are relevant, which are not, and who is exempt entirely.
What “Public Charge” Actually Means
Under INA §212(a)(4), a person seeking admission to the United States or applying for adjustment of status can be denied if they are deemed “likely at any time to become a public charge.” In practical terms, USCIS and consular officers evaluate whether the applicant is likely to become primarily dependent on the government for financial support.
The key word is “primarily.” Using a government benefit once or occasionally does not make someone a public charge. The test looks at the totality of the applicant’s circumstances to assess whether they are likely to need government cash assistance or long-term institutional care as their main source of support.
This is not a single-factor test. USCIS considers the full picture of the applicant’s life.
The Totality of Circumstances Test
USCIS evaluates public charge by weighing multiple factors together. No single factor is automatically disqualifying (except in limited situations). The factors include:
Age. Very young applicants and elderly applicants may be viewed as more likely to need government support, though this is weighed alongside other factors.
Health. A health condition that could interfere with the ability to work or attend school, or that requires extensive treatment or institutional care, is considered. Having health insurance or a treatment plan can offset this factor.
Family status. The size of the household and the number of dependents relative to income and assets are evaluated.
Assets, resources, and financial status. Bank accounts, property, retirement accounts, and other assets all count. A strong asset profile can overcome a lower income.
Education and skills. Higher education levels and marketable job skills are positive factors that suggest self-sufficiency.
Income. The applicant’s own income and the income of household members are considered. For family-based green card cases, the
I-864 Affidavit of Support from the petitioning sponsor is a critical document that demonstrates the household has sufficient income to support the immigrant.
The I-864 Affidavit of Support. For most family-based adjustment and immigrant visa cases, the U.S. citizen or permanent resident petitioner must file an I-864 demonstrating that their household income meets at least 125% of the Federal Poverty Guidelines (100% for active-duty military). If the petitioner’s income falls short, a joint sponsor can make up the difference. A properly filed I-864 is one of the strongest tools for overcoming a public charge concern.
Which Benefits Count Toward Public Charge
This is where most of the confusion lives. The list of benefits that actually count is much shorter than most people believe.
Benefits that ARE considered:
- Supplemental Security Income (SSI) for aged, blind, and disabled individuals
- Cash assistance programs such as Temporary Assistance for Needy Families (TANF) where the cash is the primary form of support
- Long-term institutional care at government expense
(such as a nursing home stay paid by Medicaid, not short-term rehabilitation)
Benefits that are NOT considered:
- SNAP (food stamps) – using SNAP does not count as a public charge factor
- WIC (Women, Infants, and Children) – not a public charge factor
- Medicaid for children – not a factor for the parent’s case
- Emergency Medicaid – not a factor
- Children’s Health Insurance Program (CHIP) – not a factor
- School lunch programs – not a factor
- Housing assistance (Section 8, public housing) – not a factor under the current rule
- Disaster relief – not a factor
- Pandemic-related assistance – not a factor
- Tax credits (Earned Income Tax Credit, Child Tax Credit) – not benefits in the public charge analysis
This distinction is critical. Many immigrant families in Texas avoid SNAP, WIC, and Medicaid for their U.S.-citizen children because they incorrectly believe these programs will hurt their own immigration case. Under the current framework, they will not.
Who Is Exempt From Public Charge
Several categories of immigrants are completely exempt from the public charge ground of inadmissibility. If you fall into one of these categories, the public charge analysis does not apply to you at all:
- Refugees and asylees (and those adjusting from refugee or asylee status)
- VAWA self-petitioners and their qualifying family members
- U visa applicants and their qualifying family members
- T visa (trafficking victim) applicants
- Special Immigrant Juveniles (SIJS)
- Certain Afghan and Iraqi special immigrants
- Applicants under the Cuban Adjustment Act
- Diversity visa lottery winners (the I-864 still applies, but the public charge inadmissibility ground is not separately assessed)
If you are exempt, using public benefits has no impact on your immigration case under this ground.
Common Myths About Public Charge
Myth: Using any government benefit will get me deported. Fact: Public charge is a ground of inadmissibility (it can block a green card), not a ground of deportability. Permanent residents generally cannot be deported solely for using public benefits unless they became a public charge within five years of entry due to causes that existed before admission.
Myth: My U.S.-citizen child’s benefits will count against me. Fact: Benefits received by your U.S.-citizen children (Medicaid, CHIP, school lunch, SNAP for the child) are the child’s benefits, not yours. They are not attributed to the parent for public charge purposes.
Myth: If I use WIC or food stamps, USCIS will deny my green card. Fact: WIC and SNAP are specifically excluded from the public charge analysis under the current framework. Using them does not affect your case.
Myth: I need to make a lot of money to pass the public charge test. Fact: The test is a totality-of-circumstances analysis. A modest income combined with a strong I-864 from a sponsor, stable employment history, good health, and no history of using cash welfare can easily satisfy the standard.
Myth: The public charge rule applies to everyone.
Fact: Multiple categories are exempt, including refugees, asylees, VAWA self-petitioners, U visa holders, and others. If you are exempt, the analysis does not apply to you.
Frequently Asked Questions
Will using SNAP hurt my green card application?
No. SNAP (food stamps) is not considered in the public charge analysis. Using SNAP will not affect your adjustment of status or immigrant visa case.
Does my U.S.-citizen child’s Medicaid count against me?
No. Benefits received by your U.S.-citizen child are the child’s benefits and are not attributed to you for public charge purposes.
What if my sponsor does not make enough money for the I-864?
If your petitioning sponsor’s household income falls below 125% of the Federal Poverty Guidelines, a joint sponsor can file a separate I-864 to make up the difference. The joint sponsor does not need to be related to you; they must be a U.S. citizen or permanent resident over age 18 who meets the income threshold.
Does public charge apply to naturalization?
No. The public charge ground of inadmissibility does not apply to naturalization (citizenship) applications. Using public benefits will not affect your N-400 citizenship application.
Is the public charge rule the same as it was under the previous administration?
The rule has shifted between administrations. The expanded 2019 rule (which counted SNAP, Medicaid, and housing assistance) was vacated and is not in effect. The current framework returns to the longstanding analysis focused on cash assistance and long-term institutional care. Always consult an attorney for the most current version of the rule.
Do Not Let Fear Keep Your Family From Essential Services
The public charge rule is real, but it is narrower than the fear surrounding it. Families who avoid WIC, SNAP, children’s Medicaid, and other excluded programs out of immigration fear are making sacrifices that the law does not require.
Board-Certified Immigration Attorney Alfredo Lozano holds Board Certification in Immigration and Nationality Law from the Texas Board of Legal Specialization, a distinction held by fewer than 5% of Texas immigration attorneys. The Lozano Law Firm helps families across San Antonio, Eagle Pass, and San Angelo understand how public charge applies to their specific case.
Contact us to get accurate answers about public charge and your immigration case.
