On July 20, 2026, the federal government published a new Public Charge Rule with many changes to the law. The changes DO NOT GO INTO EFFECT UNTIL September 18, 2026. Our Public Charge Fact Sheets below are updated to reflect the new rule. You can also get updated information on Public Charge from https://pifcoalition.org/resources/library/public-charge-community-talking-points/ , and call our Public Benefits Hotline for information and advice about Public Charge, Monday through Thursdays, at 1-800-520-5292.
Community Fact Sheet: Public Charge
Updated July 31, 2026
Some people who apply for a green card or a visa to enter the U.S. must pass a “Public Charge” test, which is when an immigration official looks at whether they believe a person will mostly depend on the government for support in the future for their basic needs. A new rule on Public Charge goes into effect on September 18, 2026. Check https://pifcoalition.org/ for updates on any changes or legal challenges to the rule.
Immigrant families need to know three important things about public charge:
Most people do not have to worry about Public Charge at all
- Public charge does not apply to everyone.
Public Charge usually only applies to people applying for LPR/green card status through a family member (“family based” petition for green card).
If you already have a green card and are staying in the US, Public Charge does not affect you (not even when you renew your green card).
If you don’t have a pathway to getting a family based green card in the near future, Public Charge does not affect you now and may never affect you.
- If you are already a US citizen, Public Charge does not affect you.
The Public Charge rule does not apply to many types of immigrants. The Public Charge test does not apply to immigrants who are applying for a green card through the following “humanitarian immigrant” statuses:
* Refugees/Asylees
* VAWA self-petitioners
* T/U visa holders
* TPS applicants and holders
* Battered qualified immigrants
* Some parolees
*SIJS (Special Immigrant Juv)
*Cuban/Haitian Entrants
*SIV for Afghan & Iraqi allies
*and more!
Some public benefits may be considered
For an immigrant who applies for a “family based” green card before September 18, 2026, only SSI, TANF, and Long-Term Care in an Institution will be considered in their Public Charge test. Benefits received by the immigrant’s family members will not count in the immigrant’s Public Charge test.
An immigrant who applies for a “family based” green card after September 18, 2026 will be subject to the new Public Charge rule. All “means tested” benefits (benefits a person is eligible for only if they have a low income) they receive, or their dependent family members receive, can be considered in their Public Charge test.
Public Charge is not just about government services
- Immigration officials must look at a person’s circumstances as a whole when they apply the public charge test, not just whether the person used government benefit programs.
An immigrant’s health, ability to work, and financial stability are positive factors that can help immigrants in their Public Charge test even if they used public benefit programs in the past.
- Oregon health plan benefits for kids and adults (including Healthier Oregon, Cover all kids), Medicare, reproductive health care, health care subsidies, emergency care, charity care, Medicare, and more
- Food benefits, SNAP food stamps, food banks, food boxes, school lunches, WIC nutrition program, Summer EBT, and more
- Rent assistance, Section 8, Public housing, disaster or emergency benefits, and more
- Social security retirement, tax credits, veterans’ benefits, non-cash assistance, child care subsidies, Head Start, and more
Have questions? You’re not alone. There’s help.
If you are applying now or in the near future for a green card based on a family member (family based petition), consult an immigration attorney or seek legal advice about Public Charge.
- Call the Oregon Law Center and Legal Aid Services of Oregon Public Benefits Hotline at 1-800-520-5292.
- Stay informed and up to date about the public charge rule by visiting https://pifcoalition.org/pc
- More detailed information about the public charge rule is available at https://pifcoalition.org/resources/library/public-charge-what-advocates-need-to-know/
- Search the National Immigration Legal Services Directory for free or low-cost legal services.
- Search for a private immigration lawyer in your area.
- Some Oregon residents may qualify for free immigration legal services through Equity Corps of Oregon. Learn more and seek assistance at https://equitycorps.org/ or by calling 1-888-274-7292.
- Find information about free food in Oregon at https://foodfinder.oregonfoodbank.org/, or by calling 211.
Find help with other legal issues such as housing, custody, divorce, employment, victim’s rights, restraining orders and more with Oregon Law Help’s directory of nonprofit legal services or the Oregon State Bar’s Lawyer Referral Service.
