Official Site of The State of New Jersey
Public Charge
Important: New public charge rules apply to certain immigration applications submitted on or after September 18, 2026. Public charge does not apply to everyone. The date of implementation is subject to change due to pending litigation.
For updated information from the U.S. Citizenship and Immigration Services, visit USCIS guidance on public charge inadmissibility determinations .
Public charge does not apply to everyone, and receiving benefits does not automatically mean that someone will be considered a public charge.
What is Public Charge?
“Public charge” is an assessment of a person’s likelihood to rely on public benefits that may be considered when certain immigrants apply for a green card or to enter the United States.
Immigration officials look at different parts of a person’s situation to decide whether they believe the person may depend on the government for financial support in the future.
When does public charge apply?
Public charge may apply when certain immigrants:
- Apply for a green card from inside the United States
- Apply to enter the United States
Who is NOT subject to public charge?
Public charge does not apply to U.S. Citizens or the following immigrants:
- Refugees
- Most green card holders, including people renewing their green cards
- VAWA, U visa, and T visa applicants and holders
- Certain humanitarian applicants
- Asylees
- Certain people who qualify under special humanitarian or immigration laws
If public charge does not apply to you, you can continue to use public benefits you are eligible for.
Different rules may apply to green card holders who travel outside the United States for more than 180 days/other circumstances. For more information, please visit Green Card Holders: Know Your Rights .
What is changing?
| 2022 Public Charge Rule | New Public Charge Rule |
|---|---|
| Immigration officials could only consider certain types of government assistance, mainly cash assistance and government-funded long-term care. | Immigration officials will have more flexibility to consider other factors and public benefits, which may include Medicaid, SNAP, and school financial aid. |
Using public benefits does not automatically make someone a public charge, but after the new rule takes effect, immigration officials will be permitted to consider the entirety of a person's overall situation, including public benefits not allowed to be considered before.
When will these changes start?
The earliest they can take effect is September 18, 2026, and will apply to immigration benefit applications submitted on or after that date. If you are planning to apply for a green card, consider speaking with a qualified immigration legal services provider about how the changes may affect you. For more information, visit Office of New Americans | Additional Legal Resources .
What can be included in the review?
Immigration officials can look at different parts of a person’s situation, including:
- Age
- Employment
- Income and financial resources
- Health
- Education
- Use of certain public benefits
Receipt of Medicaid, SNAP, and other means-tested public benefits may now be considered as part of the overall review. There is no amount of time that establishes how long someone must receive benefits before it may be considered. It is at the discretion of an immigration officer of what will be included.
Are New Jersey Benefit Programs Considered?
Immigration officers now have broader discretion, and they can choose what to include in their evaluation. New Jersey benefit programs may be considered as part of a person’s overall circumstances. This could include programs such as Cover All Kids, childcare assistance, and other state-funded benefit programs.
What if I received public benefits before September 18, 2026?
| Applications submitted before September 18, 2026 | Applications submitted on or after September 18, 2026 |
|---|---|
| 2022 public charge rule applies. Under those rules, SNAP and most Medicaid were not considered. | It remains unclear how benefits received before that date will be treated. If you have questions, speak with a qualified immigration legal services provider. |
What about benefits my children, or other family members receive?
Under the new policy, immigration officials may consider certain benefits received by an applicant's dependents when looking at the applicant's overall financial circumstances.
However, a family member receiving benefits does not automatically mean that you will be considered a public charge.
Should I stop using public benefits?
If you are concerned that public charge may apply to you, talk to a trusted immigration legal services provider before deciding whether to stop or decline benefits.
Get trusted help
Does public charge apply to you? Talk to a qualified immigration attorney or federally accredited representative before making decisions about your benefits. For more information on free or reduced cost for legal services, visit Office of New Americans | Additional Legal Resources .
