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Public Charge: What You Need to Know

What is Public Charge?

Public charge is a test used for certain individuals applying for a green card. Immigration officers look at whether a person might depend mainly on government assistance in the future. Public charge is not a benefit or a program–it is a rule used in certain immigration decisions.


What is Happening Now

In November 2025, the Department of Human Services (DHS) shared a new proposed rule that removes many of the clear protections from the 2022 policy. It would take away the current Biden public charge rule, but not replace it with another rule. As of now, it is unclear which benefits will count, which benefits used by family members can be considered, or if past benefits will matter. The proposal has caused fear and confusion in many communities.


What This Means for Families 

The uncertainty can cause fear, sometimes called the “chilling effect,” where families avoid programs like health care, food assistance, or other support they qualify for. This can negatively affect children and adults who rely on these programs to stay healthy and stable.


What You Should Know:


  • The rules have not yet changed. The Biden Public Charge Rule is still in effect and will remain in effect until there is a final rule, which will take some time. 

  • Many people are not affected by public charge. Using benefits now does not automatically put someone at risk.

  • Everyone’s situation is different. For questions about your specific case, it is important to consult a qualified immigration attorney or legal service provider. 


Information & Support Resources

These resources can help individuals better understand the issue and connect with qualified legal assistance for their specific situations.


Educational Resources

Legal Services:

 
 
 

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