By Esther Claudette Gittens | Editorial credit: Jonathan Weiss / shutterstock.com
For many non-citizens and green card holders in the United States, public assistance programs provide critical financial support, food security, healthcare, and housing assistance. However, receiving public benefits can also impact an individual’s ability to adjust status, naturalize, or petition for family members under U.S. immigration laws.
Understanding how federal and state public assistance programs affect immigration status is crucial for non-citizens and lawful permanent residents (LPRs). Policies related to “public charge” determinations, sponsor liability, and benefit eligibility can all influence an immigrant’s legal journey in the U.S. This article explores these impacts in detail.
Understanding Public Assistance Programs and Eligibility for Non-Citizens
Public assistance programs in the U.S. fall into two broad categories:
- Federal Programs – Funded by the U.S. government and subject to federal restrictions.
- State and Local Programs – Funded at the state or municipal level, with varying eligibility requirements for non-citizens.
Common Federal Public Assistance Programs
| Program | Purpose | Eligibility for Non-Citizens |
|---|---|---|
| Supplemental Nutrition Assistance Program (SNAP) | Food assistance | Available to LPRs after 5 years; certain exceptions apply |
| Medicaid | Healthcare coverage | Available to some LPRs and non-citizens, but eligibility varies by state |
| Supplemental Security Income (SSI) | Financial support for elderly/disabled | Generally not available to non-citizens, except certain refugees and asylees |
| Temporary Assistance for Needy Families (TANF) | Cash assistance for low-income families | Available to LPRs after 5 years; varies by state |
| Housing Assistance (HUD Programs) | Rental and housing aid | Available only to certain qualified immigrants |
Many states offer additional programs, such as state-funded Medicaid, childcare assistance, and emergency relief funds, which may have different eligibility rules for immigrants.
How Public Assistance Affects Immigration Status
- Public Charge Rule and Its Impact on Green Card Applicants
One of the most significant concerns for immigrants applying for a green card is the public charge rule.
What Is Public Charge?
The public charge rule is a test used by U.S. immigration authorities to determine whether an applicant for a green card, visa, or adjustment of status is likely to become dependent on public benefits in the future.
Under the current policy (as of 2023), only cash assistance (SSI, TANF) and long-term institutional care are considered for public charge determinations. Medicaid, SNAP, and housing assistance do not count against applicants.
However, the Trump administration briefly expanded the public charge rule to include non-cash benefits like food stamps and subsidized healthcare. This rule was later revoked by the Biden administration in 2021.
Who Is Affected by Public Charge?
- Applicants for green cards (adjustment of status) – Subject to public charge review.
- Visa applicants (certain non-immigrant visas may require a public charge assessment).
- Applicants for lawful entry into the U.S.
Who Is NOT Affected?
- Green card holders applying for naturalization (U.S. citizenship).
- Refugees, asylees, U visa and T visa holders, VAWA self-petitioners.
- DACA and TPS applicants.
Thus, if a green card applicant has received cash assistance (SSI, TANF) or long-term Medicaid-funded institutional care, they may face a public charge determination, potentially affecting their application.
- Sponsor Liability and Affidavits of Support
Many green card applicants require a financial sponsor who submits Form I-864, Affidavit of Support. This form legally binds the sponsor to support the immigrant financially and reimburse the government if the immigrant receives certain public benefits.
How Sponsor Liability Works
- If an immigrant receives means-tested public benefits (like SNAP or Medicaid), the government may try to recover the cost from their sponsor.
- Sponsors may be sued for repayment of public assistance used by the sponsored immigrant.
- The sponsor’s income is considered in benefit eligibility calculations (called “deeming”).
Not all public assistance programs are subject to sponsor liability. For example, emergency Medicaid, disaster relief, and benefits for children or pregnant women are exempt.
- Public Assistance and Naturalization (U.S. Citizenship)
Lawful permanent residents (LPRs) can apply for U.S. citizenship after meeting residency and eligibility requirements. Receiving public assistance does not automatically prevent naturalization, but it can raise issues related to good moral character and financial stability.
Key Factors Considered in Naturalization:
✅ Good Moral Character – Receiving public benefits does not affect this unless obtained through fraud.
✅ Financial Responsibility – If the applicant has significant public assistance usage, it may raise questions about self-sufficiency.
✅ Failure to Pay Back Government Assistance – If an immigrant owes repayment to the government for public benefits received, this could delay or impact their citizenship application.
Conclusion: Receiving public benefits does not automatically disqualify an immigrant from naturalization, but it is important to maintain financial records and avoid fraud when applying.
Impact of Public Assistance on Family-Based Immigration
Green card holders and U.S. citizens often petition for family members to immigrate to the U.S. Public assistance use by the petitioner (sponsor) can impact the process.
- If the sponsor relies on public benefits, they may not meet the income requirements for Form I-864.
- Co-sponsors may be required if the primary sponsor does not earn enough.
- Public charge does not apply to immediate relatives of U.S. citizens (spouse, parents, children under 21).
If a family-based immigrant is likely to rely on public benefits, USCIS may question whether they will become a public charge.
Best Practices for Immigrants Receiving Public Assistance
- Understand the Public Charge Rule
- If you plan to apply for a green card, be aware of which benefits count toward public charge determinations.
- Avoid using cash assistance (SSI, TANF) if possible while in the green card process.
- Consult with an Immigration Attorney
- If you are unsure whether public assistance affects your case, consult a qualified immigration lawyer before applying for a visa or green card.
- Keep Records of Lawful Benefit Use
- If public assistance is legally received, maintain documentation showing eligibility to avoid future complications.
- Consider Sponsorship Implications
- Sponsors should be financially prepared to support immigrants and understand potential liability for public benefits.
- Plan Ahead for Naturalization
- If applying for citizenship, ensure all public assistance was legally obtained and does not involve fraud or outstanding debts.
Conclusion
Public assistance programs provide crucial support to non-citizens and green card holders, but they can also impact immigration applications, green card sponsorship, and naturalization eligibility.
The public charge rule remains a key factor for green card applicants, although its scope has been narrowed under current policies. Additionally, sponsor liability and financial self-sufficiency requirements can influence immigration cases.
By understanding which benefits impact immigration status and how to navigate public assistance laws, non-citizens can make informed decisions while securing their legal status in the U.S.
If you are seeking a green card, citizenship, or petitioning for a family member, consult an immigration attorney to assess how public assistance may impact your case.