Public Charge Rule - MOIA

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Public Charge Rule

CHNV Parole Program

Deferred Enforced Departure

Undocumented Spouses of U.S. Citizens

Family Reunification Parole

Deferred Action for Childhood Arrivals (DACA)

Temporary Protected Status

Temporary Protected Status for Haiti

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Public Charge Rule


Public Charge Rule

This page was last updated on January 15, 2025

Please note

On September 9, 2022, the U.S. Department of Homeland Security (DHS) published a final rule on 'public charge', providing clarity for noncitizens on how DHS will administer the public charge ground of inadmissibility.

The final rule took effect on December 23, 2022, and it is still in effect.

The rule restores the historical understanding of the public charge ground of inadmissibility: the reasons a person could be denied a green card, visa, or admission into the United States because they are found likely to become a public charge.

For more information, visit the U.S. Citizenship and Immigration Services (USCIS) resources page on public charge.

New Yorkers with questions about public charge can call MOIA's Immigration Legal Support hotline. Call 800-354-0365, Monday to Friday from 9am to 6pm, and say "public charge" to access trusted information and connect to free and safe immigration legal help

Public Charge Informational Flyer

You do not have to stop using the public benefits programs or City services you or your family members need. You have the right to get care and support without fear. At this time, the public charge rules have not changed. Download our Public Charge Informational Flyer in multiple languages to learn more.

Will Using Public Benefits Affect My Immigration Status?

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It is important to know

Seek care without fear:

All New Yorkers in need of medical care, food assistance, and other benefits and services should seek the help they need without fear.

Many noncitizens do not face a public charge test in their immigration applications.

Many benefits are not looked at in the public charge test.

Regardless of immigration status:

Many health and social services are available to New Yorkers no matter your immigration status or ability to pay.

This includes COVID-19 testing, vaccinations, and care, food assistance, tenant protection, free legal help, and more.

View more information or call 311 to learn about available services and resources in your language.

Get Legal Help

All immigrant New Yorkers can access free and confidential immigration legal help in their preferred language

The Mayor's Office of Immigrant Affairs (MOIA) provides the following information and services to support immigrant New Yorkers navigate the U.S. immigration system and build their lives and futures in New York.

You can call the City-funded, free, and safe MOIA Immigration Legal Support Hotline at 800-354-0365, between 9:00 AM to 6:00 PM, Monday to Friday or call 311 and say, "Immigration Legal."

MOIA Immigration Legal Support Centers

The Mayor's Office of Immigrant Affairs has Immigration Legal Support Centers in immigrant neighborhoods that offers New Yorkers free, safe immigration legal help. These centers are housed in community sites, public health facilities, public schools, and libraries. Services are provided in your language. Your immigration status does not matter

Visit our webpage on MOIA Immigration Legal Support Centers to learn more about legal services.

Frequently Asked Questions

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Click a topic, or press the enter key on a topic, to reveal its answer.

What is public charge?

Under federal law, immigration officials could deny certain applications for lawful permanent residence ("green card") or certain visas if they determine that the applicant is likely to become a "public charge."

According to longtime federal DHS policy, a public charge is someone who relies on cash assistance or government-funded institutionalization for long-term care to survive.

DHS's final rule on public charge, which became effective on December 23, 2022, has a similar definition of public charge.

For more information, visit the USCIS resources page on public charge.

Could a public charge change apply to me?

If the public charge rule does change, go to nyc.gov/publiccharge for the latest information.

Even if the rule does change, it cannot be applied to all immigrants.

For example, the public charge rule cannot be changed by the president of the United States to apply to people who: December 2024

Are applying for asylum

Are refugees

Are seeking or have received Special Immigrant Juvenile classification

Are seeking or have received a U visa or T visa

Have a green card and are seeking to naturalize to become a United States citizen

Belong to another exempted category

What is the federal government's public charge test?

Many noncitizens do not face a public charge test in their immigration applications.

For those who do, federal law requires immigration officials to look at certain factors to determine whether someone is likely to become a public charge. These include:

Age

Health

Family status

Assets, resources, and financial status

Education and skills.

For some applicants, an Affidavit of Support (USCIS Form I-864) is also required.

Under longtime DHS policy and the new DHS final rule on public charge, the only public benefits that immigration officials look at as part of the public charge test are:

Supplemental Security Income (SSI)

Temporary Assistance for Needy Families (TANF)

State, Tribal, territorial, or local cash assistance for income maintenance

Institutionalization for long-term care at government expense

For more information, visit the USCIS resources page on public charge.

Does the federal government look at ALL public benefits as part of the public charge test?

No. Many public benefits and services for healthcare, nutrition, housing, and other special purposes are not looked at as part of the public charge test.

Some benefits excluded from the public charge test are:

SNAP, WIC, free and reduced school meals

Medicaid (except for long-term institutionalization), CHIP, Medicare

Home-based or community-based health services

Vaccines, testing and treatment for COVID-19 and other communicable diseases

Public housing and shelter

Supplemental or special-purpose benefits such as child care or utility assistance

Also, the new DHS final rule on public charge makes clear that:

Benefits received by family members other than the applicant, such as a U.S. citizen child, will not be looked at in the applicant's public charge test

Being in an institution for short-term rehabilitation or for a criminal conviction will not be looked at as part of the public charge test

Disability, on its own, is not enough to make someone a public charge

Using benefits that are looked at in the public charge test does not automatically make someone a public charge

For more information, visit the USCIS resources page on public charge.

More information on benefits and public charge has been posted by the federal agencies in charge of major benefits programs like SNAP and Medicaid:

U.S. Department of Health and Human Services press release about the new DHS rule

U.S. Administration for Community Living blog on the new DHS rule

U.S. Department of Agriculture – Food and Nutrition Service letter to State SNAP Commissioners

Does public charge apply to me?

Many noncitizens do not face a public charge test in their immigration applications.

Under current law, current DHS policy, and the new DHS final rule on public charge, the following groups generally do not face a public charge inadmissibility test:

People applying for or granted:

Asylum

Refugee status

U or T visas

Special Immigrant Juvenile Status (SIJS)

VAWA self-petitions

U.S. citizenship

People applying for or renewing DACA or Temporary Protected Status (TPS)

There are also other statuses not listed here that may not face a public charge inadmissibility test. Visit USCIS public charge resources page for more information.

I have questions about how Public Charge might apply to me. How can I get legal help?

You can call the City-funded, free, and safe MOIA Immigration Legal Support Hotline at 800-354-0365, between 9:00 AM to 6:00 PM, Monday to Friday or call 311 and say, "Immigration Legal." Help is available in your preferred language

What should I do now?

You do not have to stop using the public benefits programs or City services you or your family members need.

You have the right to get care and support without fear.

At this time, the public charge rules have not changed. In addition, the rules about who is eligible for public benefits and services have not changed.

Remember, NYC provides many no- and low-cost health care and social services to all NYC residents. These services may include emergency and nonemergency health care, health insurance for children and some adults, food assistance, tenant protection, worker protection, and legal help.

You can access these City services regardless of your immigration status, ability to pay, employment status, or ability to speak English.

Before you make a decision about stopping your use of public benefits programs or City services, or if you have questions or concerns, please call the City's hotline for more information.

You can call the NYC Mayor's Office of Immigrant Affairs' Immigration Legal Support Hotline at 800-354-0365 from Monday to Friday, 9 a.m. to 6 p.m., or call 311 and say "public charge" to get free and safe legal help. Interpretation services are available for both the hotline and 311.