What is public charge?

The Department of Homeland Security finalized its public charge rule in September 2022. The rule took effect December 23, 2022.

The “public charge” test is applied to some immigration applications and looks at whether applicants are likely to depend primarily on the government for support in the future. The public charge test is just one part of the immigration review — it only applies in a few situations and does not consider most benefits. Benefits received by others in your household cannot be considered in the public charge test.

Medicaid, FAMIS, and ACA plans are not considered in the public charge test and will not affect your immigration status or immigration application. The only benefits that are considered in the public charge test are: 1. Cash assistance programs that provide ongoing payments (ex. SSI, TANF, and General Assistance) and 2. Long-term institutional care at government expense (ex. nursing home).

Below are outreach materials developed by Enroll Virginia staff providing a basic overview of public charge. These resources are not a substitute for trusted legal advice. We strongly recommend that you contact an expert immigration lawyer with questions about public charge, concerns about immigration status, or before submitting any immigration-related application. Visit KeepYourBenefits.org to get information specific to your immigration status. This website can refer you to a low-cost immigration attorney near you.