Sometimes federal immigrant officials ask immigrants applying for Lawful Permanent Resident status or admission to the U.S if they received certain public benefits. Immigration officials ask these questions to decide if an immigrant is likely to become a “public charge” – a determination that the immigrant is not able to support themselves and may rely on certain government benefits. If the immigration authorities determine someone is likely to become a “public charge,” the government can deny an application for lawful permanent residence, or deny admission (entry or reentry) to the United States.
There are only two types of benefits that may trigger a “public charge” determination:
- Programs that pay for long-term institutional care such as a nursing home, and
- Cash assistance benefits the immigrant receives for themselves, because they have little or no money, such as Supplemental Security Income (SSI), TAFDC and EAEDC. If the immigrant applies for eligible dependents - but not themselves - cash benefits for dependents do not trigger a “public charge” determination. N o r d o special cash payments like the tax returns and benefits that are not needs-based, like Unemployment, are not considered for public charge.
In January 2022, the U.S. Department of Agriculture (USDA) and the U.S Citizenship and Immigration Service (USCIS) issued a Joint Letter to all states reiterating that receipt of non-cash benefits such as SNAP are not considered for public charge. Joint Letter is available on the FNS website.
In September 2022 the Biden Administration announced updated federal regulations confirming receipt of SNAP and other non- cash benefits does not trigger public charge. See the USCIS press statement of 9/8/22. See more resources below.
