Understanding Public Benefits

Everyone is talking about public benefits. They want to know if getting public benefits will affect their immigration plans. This article explains:

• What are public benefits
• What is the Public Charge rule
• Which public benefits are part of the Public Charge rule
  • Including the benefits added to the rule on October 15, 2019
• Which benefits are not part of the Public Charge rule
• Deciding what to do if public benefits affect your immigration plans

Public Benefits are help from the government, for basic needs like:

• healthcare
• housing
• food
• cash

Public benefits can be from the federal, state, or local government. Not everyone qualifies for public benefits. And only some public benefits affect some immigration applications.

When someone applies for a Green card through family, the immigration officials can deny the application for different reasons. One reason is if the government thinks the person is likely to depend too much on public benefits in the future. This is called the “public charge” rule. The rule does not just look at the use of benefits. The immigration officer will consider the immigrant's:

• health
• age
• income
• education and skills
• family support and sponsor
• use of some kinds of public benefits

For more information about Public Charge, click here.

Most immigrants who face a Public Charge test don't qualify for the public benefits included in the Public Charge rule. For the pubic benefits part of the Public Charge rule, an immigration officer can only consider:

• the benefits for the person applying for their Green card. They do not consider family member's benefits.*
• the benefits that are listed below

The Public Charge rule changes October 15, 2019 unless a court stops it. There are several lawsuits challenging the new rule. The list of public benefits included in the Public Charge rule depends on timing.

• Cash assistance programs
  • Supplemental Security Income (SSI)
  • CalWORKs/Temporary Assistance to Needy Families (TANF)
  • CAPI (Cash Assistance Program for Immigrants)
  • State general relief or general assistance
• Medi-Cal/Medicaid for long-term nursing home care (used before 10/15/19)
• Starting October 15, 2019, these additional benefits are included for people who use them after October 15th and:
  • File family-based Green card applications on/after October 15, 2019 OR
  • Are Permanent Residents who go out of the U.S. for more than six months:
    • Federally-funded Supplemental Nutrition Assistance Program (CalFresh, SNAP, "EBT" or "Food Stamps")
    • Federal Public Housing and Section 8 assistance
    • Federally-funded Medi-Cal. Note: it is OK to get Medi-Cal for emergency services, children under 21 years, pregnant women, and new mothers.

Public benefits are only part of the Public Charge test. The immigration officer will also consider health, age, education and skills, income, and family support. And there are more rules about how long someone used public benefits, or how many they used. For more information about Public Charge, click here.

These are benefits that do not affect immigration plans. Some are offered by local governments and nonprofits. They include some food, housing, employment, and healthcare programs.

• California Food Assistance Program CFAP)
• Local food pantry program (e.g. Church-based, Community Center)
• Child Nutrition Programs
• Women, Infant and Children (WIC)
• School Lunches and Breakfast
• Summer Food
• Head Start

• Local shelters
• Locally funded housing assistance

• Unemployment
• Social Security Retirement/Disability
• Workers compensation
• Tax credits

• Medi-Cal
  • For children under 21
  • Emergency Services
  • State-funded Medi-Cal
  • Prenatal Care and up to 60 days after the pregnancy
  • Access for Infant and Mothers (AIM) / Medi-Cal Access Program
  • School Based
• Child Health and Disability Prevention Program (CHDP)
• California Children’s Services
• Children’s Health Insurance Program (CHIP)
• Covered California
• Medicare subsidies
• County hospitals and clinics

Sources: Protecting Immigrant Families, the Libre Project, Catholic Legal Immigration Network, Inc.

Most immigrants who face a public charge test can not get the public benefits that are part of the Public Charge rule. But some will have to decide about benefits that affect their immigration plans. Families should decide based on their own situation. Health care and nutrition benefits can make someone stronger and healthier. That can lead to a better, self-sufficient future.

Get legal advice if you need the benefits that are included in the Public Charge rule and:

• You are applying for a Green card through a family petition or
• You have a Green card and will leave the U.S. for more than six months

A benefits expert or immigration lawyer can help you make a good decision for yourself and your family.

To understand how public benefits affect your immigration plans, answer a few questions