Updated on September 18, 2026 Public Charge

Public charge is a term that immigration authorities use when determining whether a noncitizen applying to enter the U.S. or obtain lawful permanent residency (Green Card) is likely to be primarily dependent on government benefits for support.

Public charge applies to a limited number of legal immigration statuses, and only at specific points on the immigration pathway. Generally, the public charge test is applied when someone:

• Applies to enter the U.S.
• Applies to adjust their immigration status to obtain a Green Card
• Holds a Green Card and is reentering the country after being out of the U.S. for more than six (6) consecutive months

Prior to September 18, 2026, federal immigration officials making public charge determinations only looked at cash assistance programs and long-term institutional care paid for by Medi-Cal. Under the current rule, federal immigration officials may also consider certain non-cash, income-based public benefits—such as Medi-Cal, CalFresh, WIC, school meals, and housing assistance.

No. The public charge rule does not apply to all immigrants. It only applies to certain noncitizens seeking admission into the United States or applying for lawful permanent resident (green card) status.

It does not apply to:

• U.S. citizens, current green card holders (unless they leave the country for 6 months)
• Noncitizens who are not seeking a green card
• Many humanitarian immigrants, including refugees and asylees
• Deferred Action for Childhood Arrivals (DACA) applications and renewals

Most immigrants eligible for SFHSA-administered public benefits are not subject to the public charge rule. To learn whether the public charge rules apply to you, contact the Bay Area Legal Aid’s Legal Advice Hotline (800) 551-5554 for free or visit this link for additional resources.

Federal immigration officials have broad discretion to consider if dependent family members have applied for, were approved, or have received income-based public benefits as part of the overall public charge inadmissibility determination. Immigration officials also evaluate additional factors, including age, health, family status, financial status, education, skills, employment, and affidavits of support.

It depends on the type of benefit.

• Cash assistance (e.g., CalWORKS) or long-term institutional care paid for by Medi-Cal: Benefits applied for or received prior to September 18, 2026 will be considered as part of the public charge analysis.
• Other income-based public benefits: Benefits applied for or received before September 18, 2026 will not be considered as part of the public charge analysis. However, if applicants do not opt out from these programs after September 18, immigration officials will consider the continued access to these benefits as part of the public charge analysis.

Yes. A sponsor is still required to submit an affidavit of support. Federal immigration officials may take an affidavit into account in a public charge inadmissibility determination, but they are not required to treat the affidavit as a positive factor.

Although we cannot provide legal guidance, we partner with nonprofit immigration attorneys that offer free legal help on public benefits and immigration.

We encourage you to apply for and access services for which you are entitled to and seek information from trusted sources. For questions about public benefits and public charge, call Bay Area Legal Aid's Legal Advice Line at (800) 551-5554 for free or visit this link for additional resources.

The San Francisco Human Services Agency uses your information for eligibility purposes only. We may need to verify the information you provide on a public benefit application with the federal government, but only to confirm your eligibility to receive services.