Public Charge

Examining 'public charge' & how it relates to seeking COVID-19 treatment

What does “public charge” mean?

The U.S. Citizenship and Immigration Services (USCIS) defines “public charge” as an individual who is “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.” An individual considered likely to become a public charge can be denied entry to the United States, is ineligible for U.S. permanent residency or citizenship, and, in rare cases, may be deported.

What is a public charge test, and what criteria does it look at?

A public charge test, a copy of which you can find here, seeks to determine the likelihood an individual will become a public charge through looking at factors including but not limited to:

  • Current income;

  • Assets and debt;

  • Educational level, including English proficiency;

  • Age and health; and

  • Utilization of certain public benefits after the Inadmissibility on Public Charge Grounds Final Rule went into effect on February 24, 2020.

Holding less than a high school degree, having limited English proficiency, making an income below 125% of the federal poverty level, or having a medical condition that could require extensive care can be counted against you on your path to permanent residency or citizenship.

What benefits count against me in the public charge test?

It can be hard to understand how using a certain public benefit will affect your immigration status because (1) not every public benefit counts towards the public charge test and (2) most immigrants do not have access to the benefits that do count towards the public charge test in the first place.

The benefits that matter for the purpose of a public charge test include supplemental security income (SSI) and Temporary Assistance for Needy Families (TANF); Supplemental Nutrition Assistance Program (SNAP); Housing Choice Voucher Program; Project-Based Rental Assistance (including Moderate Rehabilitation); Subsidized Housing; and (except in a couple of specific scenarios) Medicaid.

This list may seem strange because, as the Immigration Legal Resource Center (ILRC) points out in this article, “Most immigrants who are on the path to a green card don’t have access to these benefits, or if they do, then they are in an immigrant category that is exempt from public charge.” Undocumented immigrants, including DACA holders, are ineligible for most of the benefits listed above in the first place. A qualified alien who is not a permanent resident is eligible for state-funded benefits in only a few states. Consequently, the ILRC writes that the benefits portion of the public charge test has “limited legal impact.”

The USCIS will not look at whether you utilized the following benefits in making a determination for your eligibility for admission:

  • Emergency medical assistance;  

  • Disaster relief;  

  • National school lunch programs;  

  • The Special Supplemental Nutrition Program for Women, Infants, and Children ;  

  • The Children’s Health Insurance Program;  

  • Subsidies for foster care and adoption;  

  • Government-subsidized student and mortgage loans; 

  • Energy assistance;  

  • Food pantries and homeless shelters; and 

  • Head Start.    

To learn more about disaster relief you may be eligible for, read our recent blog post, “What kind of COVID-19 related benefits are there?”

Are some immigrants exempt from the public charge test?

Yes - certain groups of immigrants do not have to go through the public charge test to be determined admissible to the U.S. or eligible for permanent residency. These groups include:

  • Refugees; 

  • Asylees;  

  • Certain T and U nonimmigrant visa applicants (human trafficking and certain crime victims, respectively); and 

  • Certain self-petitioners under the Violence Against Women Act.  

Seeking COVID-19 testing or treatment will not jeopardize your chances of immigration.

USCIS will not consider testing, receiving treatment, or seeking preventative care related to COVID-19 as part of a public charge inadmissibility determination even if the treatment was paid by one or more public benefits.

Your health and safety come first. Please take care of yourself during these difficult times.

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This article was co-written by DeYan McCarthy and Lucy Nuttall.

How does your immigration status affect your eligibility for COVID-19 stimulus check and food programs?

By now, you have probably heard about the different emergency relief benefits the government is offering, including the COVID-19 stimulus check and food assistance programs. In this blog post, we will explain how immigration status affects your eligibility for these programs.

Your eligibility for federal benefits often depends on whether you have a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). SSN is given out to individuals with American citizenship, permanent residency, or work authorization that allows them to work in the United States. ITIN, on the other hand, is given to individuals who pay income taxes to the United States government but do not qualify for SSN, including undocumented workers.

Unfortunately, only residents living in the U.S. with a valid SSN can receive the stimulus check.

To be eligible for the stimulus check, you need to have a valid SSN. If you are married and file your taxes jointly, you must both have an SSN to qualify (i.e. if you have an SSN but your spouse has an ITIN, you will not receive the stimulus check). The only exception to this rule is if one or both spouses served in the military within the last year - if this is the case, you can receive the stimulus check even if you both have ITINs.

DACA and TPS applicants are eligible as long as they have work authorization and an SSN. If you are a dreamer, make sure to be on the lookout for the rebate.

If you have not filed your taxes yet for this year, the IRS will look at last year’s taxes. If you did not file last year either, but you receive social security and/or other benefits, you should still qualify for the rebate.

The amount you are eligible for depends on your income level, and will not affect your ability to receive other government benefits.

The maximum payment is $1,200 for an individual, $2,400 for a couple, and $500 for a child. Individuals with an income under $75,000 and married couples with an income under $150,000 qualify for the full amount. If your income exceeds this, the amount you receive is reduced.

The stimulus check is not taxable income, and it will not be counted as income when calculating your eligibility for benefits like TANF, SNAP, and Medicaid.

Need more help? The IRS operates centers that can help you navigate this process.

The VITA program offers free tax help to individuals with an income of less than $56,000, individuals with disabilities, or individuals with limited English proficiency. There are three places in New York City, which you can find here.

While SNAP is only available to documented residents, several food assistance programs do not look at immigration status.

For example, food pantries, child nutrition programs, school meals, and WIC do not have immigration requirements and will not ask to see your identification. You can check out our earlier article about food pantries here to find out where you can locate them.

There are two food assistance programs that people can use during the COVID-19 crisis: Pandemic EBT (P-BET) and Disaster Supplemental Nutrition Assistance Program (D-SNAP). P-EBT, which provides an EBT card, offers nutritional resources to families losing access to free/reduced-price school meals. D-SNAP provides replacement benefits for households that qualify for SNAP and lost food due to a natural disaster like COVID-19. D-SNAP does not have immigration restrictions.

P-EBT is not considered in a public charge test. If you need an explanation of what a public charge test is, please refer to our blog post, “Examining 'Public Charge' & how it relates to seeking COVID-19 treatment."

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This article was co-written by DeYan McCarthy and Lucy Nuttall.