Public Charge:
UPDATE: On January 27, 2020, the Supreme Court set aside the order blocking the new public charge rule.  Immigration can now start using the rule, but we won’t know when until it announces a start date. Most immigrants who face the rule do not qualify for the benefits that would count.  If you are worried, review the Guide at www.keepyourbenefitsca.org/en to see which immigrants face a public charge test and talk to a trusted legal services provider.

​As of OCTOBER 11, five federal courts have blocked the implementation of the Department of Homeland Security (DHS) changes to the “public charge” test.  The test is used to deny admission to the United States or refuse an application for lawful permanent resident status (a “green card”).  The court rulings mean that for immigrants seeking green cards in the U.S., the old rules apply-- they can keep using Medi-Cal, CalFresh/food stamps, and federal housing programs that help their families stay healthy.  And family members can continue to receive cash benefits without affecting a relative’s green card application unless the benefits are the family’s only income.
The court rulings do not affect the public charge decisions made by the Department of State (DOS).  People applying for a green card through a U.S. consulate face a different rule, which is in the process of changing.  Those who expect to apply for a visa or have their green card interviews outside the U.S. should consult an immigration lawyer.
 
PRESIDENT’S PROCLAMATION ON HEALTH INSURANCE:
On OCTOBER 4th, President Trump issued a proclamation to restrict immigration to the U.S. for people who are uninsured and cannot pay the costs of their health care.  On November 2, a federal court temporarily stopped the proclamation from going into effect on November 3rd.  The temporary order lasts until November 30, but advocates are asking the court to grant an injunction that would continue blocking the proclamation.

See If Public Charge Affects You at:
KeepYourBenefitsCA.org
Use our guide to see how public benefits could affect different immigration options. 

Learn more:

What is public charge?

“Public charge” is a rule that immigration can use to deny an application for permanent residence ("Green Card") or certain other visas if the applicant is likely to depend on certain government programs if approved.

Public Charge (English)

Public Charge PSA (English)

This is "Public Charge PSA (English)" by SMC Human Services Agency on Vimeo, the home for high quality videos and the people who love them.

Public Charge (廣東話)

Public Charge PSA (Cantonese)

This is "Public Charge PSA (Cantonese)" by SMC Human Services Agency on Vimeo, the home for high quality videos and the people who love them.

Public Charge (Philipino)

Public Charge PSA (Tagalog)

This is "Public Charge PSA (Tagalog)" by SMC Human Services Agency on Vimeo, the home for high quality videos and the people who love them.

Does Public Charge affect you?

Do you already have a green card?

--------- YES -------->

Public charge doesn't apply. But if you use cash benefits and plan to leave the country for more than 6 months, it is a good idea to talk with an immigration attorney.

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Are you applying for:
- Citizenship
- Green Card renewal
- DACA renewal
- U or T Visa
- Asylum or Refugee status
- TPS
- VAWA
- Special Immigrant Juvenile Status
- Green Card based on U/T/SIJ, VAWA, or Asylum?

--------- YES -------->

Public charge doesn't apply to you for these applications. You may use any benefits for which you qualify.

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Do you or your family plan to apply for a green card or visa?

--------- YES -------->

If you are applying from inside of the U.S., a public charge test may apply-- but only a few benefits that the applicant receives count. It is still safe to get Medi-Cal and CalFresh/Food Stamps benefits. Eligible family members can use any benefits. If your interview is outside of the U.S., right now, the official can ask about any benefits. But, they are mostly interested in your income. We expect changes for the outside interview in the next few months. Check back.

Benefits currently considered

​for public charge test:

* Cash Benefits
   - SSI
   - CalWORKs
   - CAPI
   - General Assistance

The courts have blocked the

​changes that would have included

federal Medi-Cal, CalFresh (food

stamps), and housing benefits.  

The video above is a ​KYR PSA from the California Immigrant Policy Center and The California Endowment. It addresses concerns around the possible change to public charge policy and access to public benefits for immigrants.

Important information:

• There is NO advantage to stopping your benefits right now.

• Food and health care help families thrive.

 

• Before you stop any benefits, talk to a lawyer.

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