Public Charge Rule

The proposed changes are not currently in effect. The earliest they can take effect is September 18, 2026. That date could change if the court delays or block the rule.

• "Public charge" is a decision the federal government may make when a person is applying for a green card and/or certain visas. As one part of this decision, the federal government considers certain public benefits an immigrant has received.
• In addition, the federal government considers other factors like your age, health, family status, household income, financial status, and your education and skills.
• A "public charge" has been generally understood to mean someone who is primarily dependent on the federal government for basic needs.
• If the federal government determines you are a "public charge," they could deny your green card/visa.

• Currently, the federal government only considers the receipt of certain types of cash assistance, including Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF), and government-funded institutionalization for long-term care, like a nursing home, to make a decision on whether you are a "public charge.".
• Under the new rule, the federal government will be able to consider the use of any federal, state, or local "means-tested" public benefitswhen reviewing your application for a green card/visa.
  • The federal government generally understands "means-tested" public benefits to refer to programs or benefits where your eligibility is based on your individual or family income.
• The federal government plans to release additional guidance on how they will implement this rule. This guidance has not yet been released. We will update all resources with relevant information as it becomes available.

• The federal government can consider the use of cash benefits or long-term institutionalization at government expense, in their public charge analysis, regardless of when you received the benefit/assistance.
• The new rule will not allow the government to consider the past use of most other public benefits received before the rule went into effect.
  • If you are currently receiving a "means-tested public benefit" (as explained in section 2), the federal government may only consider those benefits as part of its public charge analysis if you continue to receive them after the rule takes effect. This date can be as early as September 18, 2026, but may be subject to change.
• At this time, do not stop using the public benefits or City services you need without speaking with a trusted legal provider.

• The new policy does not allow officials to base a public charge determination ONLY on your dependent's use of benefits.
• Officials may still consider your household income during the time your dependent used or received benefits.
• We will update this resource as we learn more information about how the federal government will assess the use of benefits by your dependents.
• At this time, do not stop using the public benefits or City services you or your family member need without speaking with a trusted legal provider.

The new public charge rules would not apply to all immigrants.

• The public charge rule does not apply to:
  • People who already have a green card and are renewing it
  • People applying for U.S. citizenship
  • S. citizens, including the U.S. citizen children of immigrants;
  • People applying for a green card through certain humanitarian protections, such as asylum, refugee status, T visas (victims of human trafficking), U visas (victims of certain crimes), Violence Against Women Act (VAWA) self-petitioners, members of the U.S. Armed Force and their dependents, and youth with Special Immigrant Juvenile Statu
• The public charge rule does apply to:
  • People applying for green cards and/or certain visas including but not limited to:
    • Family-Based (certain relatives of U.S. citizens, certain relatives of Legal Permanent Residents (LPRs))
    • Employment-Based (priority workers, skilled workers, professionals, other workers)
    • Diversity visa immigrants and S visas (witness/informant)
  • People in this category should seek immediate legal advice, including at the MOIA Immigration Legal Support Hotline at 1-800-354-0365

• You can call the City-funded, free, and safe MOIA Immigration Legal Support Hotline at 800-354-0365, during hours of operation, or call 311 and say, "Immigration Legal." Help is available in your preferred language

• Before you make a decision about stopping your use of public benefits programs or City services, or if you have questions or concerns, please call the City's hotline for more information.
• You can call the NYC Mayor's Office of Immigrant Affairs' Immigration Legal Support Hotline at 800-354-0365 during hours of operation, or call 311 and say "public charge" to get free and safe legal help. Interpretation services are available for both the hotline and 311.
• You can access these City services regardless of your immigration status, ability to pay, employment status, or ability to speak English.