Know the Facts About Public Charge
Public Charge Fact Sheet Spanish
Updated: 12/19/2022
What Is Public Charge?
Immigration officials use the term “public charge” or “public charge test.” The public charge test is used to decide whether a person can enter the United States (U.S.) or qualify for U.S. lawful permanent resident status (receive a green card).
Under the 2022 rule, immigration officials would consider a noncitizen a “public charge” if they are likely to rely on the government for things like:
- Cash assistance, such as Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), and other state, Tribal, territorial or local cash assistance programs (often called “General Assistance” programs).
- Long-term care the government pays for people living in institutions, such as nursing homes or mental health facilities.
The public charge test looks at all the person’s circumstances, not just one thing.
Noncitizens can safely get public health, nutrition, housing benefits and Medicaid (other than for long-term institutionalization). This includes COVID-19 testing, treatment and vaccines covered by the Oregon Health Plan. These benefits are not part of the public charge test.
For more information, please refer to the resources below and visit U.S. Citizenship and Immigration Service’s (USCIS) Public Charge Resources page.
Disclaimer: This is not legal advice. Individuals concerned about how public benefits might affect their immigration status should ask an immigration attorney for help.
Background
September 8, 2022: New Public Charge rule restores historical understanding of public charge
On September 8, 2022, USCIS issued a final public charge rule that will take effect on December 23, 2022. The new rule restores the historical understanding of “public charge” that has been in effect since 1999. Between now and December 23, 2022, the U.S. government will follow the Public Charge policies that have been in effect since 1999.
The 2019 rule, which has now been vacated and is no longer in effect, resulted in a drop in
enrollments in health and wellness programs among individuals who were not subject to the public charge ground of inadmissibility, such as U.S. citizen children in mixed-status households. The federal government’s new rule avoids these effects by formally codifying the historical understanding of the term.
Questions?
Call the Oregon Public Benefits Hotline at 1-800-520-5292.
Find an immigration attorney online through the Immigration Lawyer Search or National Immigration Legal Services Directory.
Some Oregon residents may be eligible for free representation at Portland Immigration Court through Equity Corps of Oregon.
Find more resources on the Protecting Immigrant Families website.