Benefits and Immigration News and FAQs

Many families have heard the term "public charge". Here's what you need to know.

• Public charge is an immigration policy applicable to some people who plan to apply for a green card (lawful permanent residency/LPR) or visa. It does NOT apply to everyone (go to “Who does ‘public charge’ apply to?” to learn more).
• When deciding whether to approve or deny these types of applications, immigration officers must look at a person’s whole life situation. They must consider at least a person’s age, income, health, education or skills, family situation or sponsor, and use of public benefits. They may also consider any other relevant factors or information.
• Under the “public charge rule” or “public charge test”, immigration officials can deny an application if they determine that the person is likely to depend on government assistance at any time.

Current Public Charge Rule (Effective September 18, 2026)

• For some green card (lawful permanent residency/LPR) or visa applications, immigration officers can consider any type of income-based public benefits used on or after September 18, 2026. This includes, but is not limited to, CalFresh and Medi-Cal.
• Immigration officers may look at whether a dependent uses benefits to understand an applicant’s income and financial situation for these applications. This includes benefits applied for on behalf of US-born children.
• For public benefits used before September 18, 2026, officers may only consider these programs: cash assistance, Supplemental Security Income (SSI), CalWORKs (TANF), General Relief, and Medi-Cal for long-term, medical care in an institution (nursing home or psychiatric hospital). Any other benefits used before September 18, 2026 cannot be considered in the public charge test.
• The current public charge rule only applies to applications submitted and postmarked after September 18, 2026.

“Public charge” does not apply to everyone. It only applies to some people who plan to apply for a green card (lawful permanent residency/LPR) or a visa through specific immigration pathways.

Public charge MAY apply to:

• People applying for a green card (lawful permanent residency/LPR) through a family member or job
• Green card holders (lawful permanent residents/LPR) who have left the United States for more than 6 months
• People applying for a non-immigrant visa (ex: students or tourists)

Public charge DOES NOT apply to:

• U.S. citizens
• Green card holders (lawful permanent residents/LPR) applying for citizenship or renewals
• People applying for or renewing refugee/asylum status; Special Immigrant Juvenile (SIJ) status; VAWA visa; U or T visa; TPS; DACA
• People applying for a green card with refugee/asylum status or SIJ status, or people whose green card application was filed by someone with a U or T visa.
• People who have no current pathway to obtain a green card, such as DACA, TPS, Parole, or undocumented individuals, or those who do not plan to apply for a green card in the future.

You may apply to most programs on the Benefits Explorer Tool if at least one family member or household member is eligible, including US-born children. However, if public charge may apply to an eligible family or household member, the new public charge rule allows immigration officers to consider any type of income-based public benefits used on or after September 18, 2026. It also allows immigration officers to look at a dependent’s use of benefits to understand an applicant’s income and financial situation.

The following programs do not ask for your immigration information when applying and will not be considered in the public charge test:

• CalKIDS

The following programs do not ask for your immigration information when applying, but enrollment may now be considered in the public charge test:

• WIC
• Utilities discounts (CARE/FERA)
• Head Start and Early Head Start
• LifeLine
• Metro LIFE

Specific for CalFresh (SNAP):

Only US citizens, legal residents or people with a qualified immigration status are eligible for CalFresh. Undocumented individuals are not eligible, but can apply on behalf of US-born children or other qualified household members.

In the application, each household member will be asked about their Social Security Number (SSN) and citizenship status, but this information is only needed for the eligible individual.

You do not need to provide immigration status or Social Security numbers for non-applicant household members.

If public charge does NOT apply to you:

If public charge does not apply to you or other family members, the programs included here will not affect the immigration status or chance of getting a green card (legal permanent residency/LPR) for other family or household members.

You or your family can apply to these programs if you qualify.

If public charge MAY apply to you:

The programs included on the Benefits Explorer Tool can be helpful for families who qualify. If you plan to apply for a green card or visa, it’s important to know these facts:

• Immigration officers can consider any type of income-based public benefits you used on or after September 18, 2026.
• Immigration officers can look at your dependents’ use of benefits to understand your income and financial status. This includes benefits applied for on behalf of US-born children.
• For public benefits used before September 18, 2026, officers can only consider cash assistance and long-term institutionalization benefits.

Yes, changes have gone into effect for certain public benefits programs. See each program change below to learn more.

CalFresh Work and Community Engagement Requirements (Effective June 1, 2026):

• Adults ages 18-64 must meet work, volunteer, or school requirements to get CalFresh benefits for more than 3 months in a 36-month period.
• Some adults are exempt from this rule. If you receive CalFresh only for your minor children, you are not subject to these rules.
• Visit CalFresh Work Rules to learn more.

Changes to CalFresh Eligibility (Effective April 1, 2026):

• Individuals who are asylees, refugees, parolees, have deportation or removal withheld, conditional entrants, battered non-citizens, and victims of trafficking are no longer eligible to submit new applications for CalFresh.
• People who are impacted by this change but are already enrolled in CalFresh will continue to receive benefits, but lose eligibility at their next recertification.
• Visit H.R. 1 CalFresh Policy Changes to learn more

For trusted and up to date information about immigration and benefits, visit Keep Your Benefits, BAILA Network, or Protecting Immigrant Families.

To speak to immigration legal services in Los Angeles, visit the Benefits Explorer Tool collection on One Degree.