Public Charge Rule

• The Public Charge review generally applies for the following immigration applications:
  • when someone is applying for a green card (Form I-485) via their family member, their employer, or the diversity lottery;
  • when someone is applying for a visa to enter the United States; or
  • when someone with a green card is returning to the United States after an extended period of time (180 days or more).
• The Public Charge review does not apply to all immigration applications.
• Below are some examples of circumstances when the Public Charge review does not apply:
  • Applications to renew a green card (provided the applicant has not left the United States for 180 days or more);
  • Applications for U.S. Citizenship;
  • Applications for a green card through certain humanitarian protections, such as:
    • Asylum status
    • Refugee status
    • T-Visas (victims of human trafficking)
    • U-Visas (victims of certain crimes)
    • Violence Against Women Act (VAWA) self-petitioners, and
    • Youth with Special Immigrant Juvenile Status (SIJS);
  • DACA applications or renewal processes; and
  • TPS applications or renewal process.

Note: the list above does not contain all exceptions.

If you have questions about how the Public Charge review might apply to you, or if you are not sure whether it applies to you, please call MOIA's free and confidential Immigration Legal Support Hotline at 800-354-0365. Interpretation is available in your preferred language.

At this time, do not stop using public benefits or City services you or your family need without first speaking with a trusted legal provider.

• The Department of Homeland Security (DHS) has stated that, as of September 18, 2026, Public Charge is a term DHS uses to refer to someone it believes is likely at any time to depend on means-tested public benefits. The Public Charge review could result in denial of the applicant’s green card or visa application.
• When making this determination, immigration officers consider several factors, including: the applicant’s age, health, family status, income and assets, education and skills, and certain public benefits the applicant has received.

As of September 18, 2026, if the Public Charge review applies to you, the federal government may consider any "means-tested" public benefits provided to you by a city, state, tribal, or federal government. This could include food assistance, such as Supplemental Nutrition Assistance Program (SNAP), and government-funded health coverage, like Medicaid.

"Means-tested" public benefits are generally understood to be benefits where your income or receipt of other resources are considered to decide if you qualify for them. Earned benefits, like Social Security and Medicare, are not means-tested public benefits.

If you have questions about how use or receipt of a specific benefit could impact you or your family, please call the MOIA Immigration Legal Support Hotline at 1-800-354-0365. An immigration attorney can look at your immigration case in its entirety and help you make a decision.

At this time, do not stop using public benefits or City services you need without speaking with a trusted legal provider

If you filed your green card or visa application on or after September 18, 2026, and your application is subject to the Public Charge review, officers will be able to consider certain benefits based on when you received them:

• Benefits received before September 18, 2026: USCIS officers may only consider cash assistance for income maintenance and long-term institutionalization at government expense.
• Benefits received on or after September 18, 2026: USCIS officers may consider any means-tested public benefit. This includes benefits you started receiving before September 18, 2026, if you continued to receive them on or after September 18, 2026.

If you filed your green card or visa application before September 18, 2026, different rules may apply.

If you have questions about how the Public Charge review might apply to you, please call MOIA's free and confidential Immigration Legal Support Hotline at 1-800-354-0365. Interpretation is available in your preferred language.

• A family member's use of public benefits does not automatically make you a Public Charge.
• However, if you are legally responsible for supporting the person receiving benefits, their use of benefits could be considered as one of the factors in the Public Charge review.
• These factors include age, health, income, education, work skills, and the use of certain public benefits.
• 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.

If you have questions about how your family member's use of public benefits might impact your case, please call MOIA's free and confidential Immigration Legal Support Hotline at 1-800-354-0365. Interpretation is available in your preferred language.

• You can call the free, safe, and confidential 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.