What is Public Charge?
Some immigration applications have a Public Charge test. An immigration officer uses this test to decide if a person is likely to depend financially on the government in the future. Not all immigration pathways include a Public Charge test.
Which public benefits are considered for Public Charge?
On September 9th, 2022, the Department of Homeland Security issued new public charge regulations. Under these rules, only these benefits obtained for the immigrant are considered for Public Charge:
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Cash Assistance:
- Supplemental Security Income (SSI)
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CalWORKs/Temporary Assistance for Needy Families (TANF)
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CAPI (Cash Assistance Program for Immigrants)
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State or local general relief/assistance
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Medi-Cal/Medicaid for long-term, institutional medical care, like a nursing home.
Medi-Cal (other than for long-term, institutional care) and CalFresh benefits are NOT considered a public charge at this time.
Learn if Public Charge will impact you:
You can use this guide from Keep Your Benefits to learn more about whether Public Charge will impact your immigration options.
Get assistance applying for benefits:
The LIBRE program – Linking Immigrants to Benefits, Resources, and Education—can help immigrants understand their options, navigate concerns about public charge, and apply for benefits.
You can arrange to meet with a LIBRE attorney by calling 650-517-8936 to schedule an appointment.
If you need help applying for Public Benefits you can go to one of LIBRE’s Assistor Locations:
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East Palo Alto @ Nuestra Casa, 2396 University Ave, East Palo Alto, CA 94303
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Redwood City @ Fair Oaks Community Center, 2600 Middlefield Road, Redwood City, CA 94063
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Half Moon Bay @ Coastside Hope, 99 Avenue Alhambra, Half Moon Bay, CA 94019