Public Charge

GOOD CHANGE TO PUBLIC CHARGE:
NO NEED TO FEAR ACCESSING FOOD ASSISTANCE

As of March 2021
Applying for or using SNAP benefits, Medicaid, or other nutrition and housing assistance will no longer impact your ability to seek lawful residency or citizenship in the US.

What is the Public Charge Rule?

Since 1999, “Public Charge” or the “public charge test” has been used by immigration officials to review visa and green card applications. In this test, officials look at whether a person was likely to become dependent on public cash assistance or would need the government to otherwise pay for their long-term care.

For more information, please see the resources below:

Public Charge Information Flier: English | Spanish

Find Legal Resources: English | Spanish
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Good Change to Public Charge in March 2021

As of March 2021, U.S. Citizenship and Immigration Services (USCIS) has stopped applying the 2019 public charge Final Rule to all pending citizenship applications and petitions. Public Charge will return to only examining “public cash assistance that is intended to pay for ongoing living expenses like SSI or TANF and institutionalization for long-term care at government expense.” Therefore, you and your family can apply for and accept help from programs such as SNAP, Medicaid, or other nutrition and housing assistance without fear.

Applying for or using SNAP, WIC, or School Meals will no longer impact your ability to seek lawful residency or citizenship in the US.

It also does not apply to refugees, asylees, many survivors of trafficking, domestic violence, or other serious crimes. It does not impact those with green cards unless they leave the U.S. for more than 180 days and seek to reenter.
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Further Questions About Your Situation?

If you have questions about your specific situation, we encourage you to consult an immigration attorney who is familiar with this issue. For free or low-cost options, visit Houston Immigration Legal Services Collaborative or Immigration Advocates Network.

For questions regarding Public Charge, please contact:

Katherine Byers, PhD
Government Relations Officer
713-480-3937