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Glossary

Public charge

A rule that can affect your ability to get a green card or visa based on whether you use certain public benefits.

Public charge is an immigration law that looks at whether you are likely to rely on government benefits in the future. If immigration officials think you will become a "public charge," they may deny your application for a green card or visa.

Some benefits count toward public charge, and some don't. Benefits that usually count include SNAP (the Supplemental Nutrition Assistance Program, formerly food stamps), TANF (Temporary Assistance for Needy Families), and housing assistance like Housing Choice Vouchers (Section 8). Many other benefits do not count, including the Earned Income Tax Credit (EITC), Child Tax Credit (CTC), Medicaid, CHIP (Children's Health Insurance Program), and emergency Medicaid.

[VERIFY: Does the current public charge rule (as of when?) list which benefits count and don't count?]

If you are applying for immigration benefits and have questions about how using a benefit might affect your case, talk to an immigration lawyer before you apply. The rules are complicated and depend on your situation.

Programs where this matters

Child Tax CreditInternal Revenue ServiceThe Child Tax Credit is a federal tax credit that may lower the tax you owe if you are raising qualifying children.EITCInternal Revenue ServiceThe EITC is a federal tax credit for people who work and have low to moderate income. It may lower your tax and add to your refund.MedicaidCenters for Medicare & Medicaid ServicesMedicaid is free or low-cost health coverage run by each state with federal funding, for children, adults, pregnant people, older adults and people with disabilities.SNAPUSDA Food and Nutrition ServiceSNAP gives monthly benefits on an EBT card to help households with low income buy food.CHIPCenters for Medicare & Medicaid ServicesCHIP gives low-cost health coverage to uninsured children in families that earn too much for Medicaid.Section 8US Department of Housing and Urban DevelopmentHousing Choice Vouchers, often called Section 8, help families with low income pay rent for a home they find in the private market.TANFHHS Administration for Children and FamiliesTANF gives cash help and support services to families with children who have low income. Each state runs its own program.