THE NEW YORK IMMIGRATION COALITION
275 Seventh Avenue, 9th Floor
New York, NY 10001

Concerns Regarding Immigrants and Public Benefits

Following are answers to commonly asked questions regarding immigrants and public benefits. Please note that the information contained in this fact sheet does not constitute legal advice. If you need more information, call the New York State Immigration Hotline at (800) 566-7636. Modified March 27, 2003.

What does public charge mean? Public charge means a person who has become or who is likely to become primarily dependent on the government for subsistence, through (a) the receipt of cash public assistance, or (b) institutionalization for long-term care at government expense. Using routine and emergency medical care does not result in public charge.

How does the government determine if I am a public charge? The Bureau of Citizenship and Immigration Services (BCIS, formerly INS) officers receiving an application for permanent residence consider the immigrant’s age, health (including HIV status), family status, assets, resources, financial status, education, and skills. Some specific circumstance must be present before the government can find that you will be a public charge, such as mental or physical disability, advanced age, or other evidence that the government would be responsible for supporting you.

What benefits are counted to determine public charge? Cash welfare such as Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), General Assistance (GA). Institutionalization for long-term care (e.g., nursing home) at government expense.

What benefits can I access that do NOT count as public charge? You can use Medicaid, Child Health Plus (CHP), Family Health Plus (FHP), prenatal care, other free or low-cost medical care including emergency care, Food Stamps, school meals, and other food assistance, public housing, disaster relief, child care services, job training, transportation vouchers, and unemployment compensation. 

My son is the only one in the family who receives cash benefits; can I be considered a public charge because he receives cash benefits? Cash benefits received by one family member are not attributed to other family members for purposes of public charge determinations, unless the family relies on your son’s cash benefits as its sole (only) means of support.

What does signing an Affidavit of Support mean? You become an immigrant’s “sponsor” when you sign an Affidavit of Support; usually you do this for a relative. The Affidavit of Support (I-864) in use since December 1997 is a legally binding document where you promise to financially support the immigrant. The affidavits used prior to December 1997 are not legally enforceable. 

How much money do I have to make to sponsor my relative? The sponsor must prove he or she has an annual income equal to at least 125 percent of the federal poverty income line. The poverty level is based on the number of family members in your family unit. If you do not earn enough money, you may find another individual who earns enough or has enough assets to sign the Affidavit of Support as a co-sponsor or joint sponsor. This co- or joint sponsor must be willing to accept legally binding financial responsibility for your relative.

Can I sponsor my son to come to the United States if I receive Medicaid? Using benefits does not prevent U.S. citizens or lawful permanent residents from sponsoring relatives. However, your son may need an additional sponsor if your income is below 125 percent of the federal poverty level.

Do I have to support my relative if I sponsor him/her? The Affidavit of Support I-864 is a legally binding document in which you promise to support your relative. In the future, the government may begin a policy of suing you to pay back the cost of certain benefits your relative may receive (this is called sponsor liability). However, you will not be held liable if your relative uses emergency Medicaid, WIC, and certain other benefits. 

What is sponsor deeming? In some programs, the benefit agency adds your income to your relative’s income in determining whether he/she is eligible for benefits (called “deeming”). “Deeming” can occur even if the sponsor is not actually assisting the immigrant. Sponsor deeming and liability can only occur with the new affidavits (I-864), not with affidavits used prior to December 1997.

How long will I be responsible for a relative who I sponsor? Until your relative becomes a citizen; or can prove at least 40 qualifying quarters of work performed by him/herself, his/her spouse, or his/her parents while he/she was under 18 years of age; or until the sponsor dies.

I am a refugee and want to apply for public benefits. How would that affect me when I apply for my legal permanent residence? Refugees and people granted asylum can use ANY public benefits including cash welfare, health care, food programs, and other non-cash programs without hurting their chances of getting their lawful permanent residence or “green card.”

Do I have to pay back the cost of public benefits I receive? No, recipients are not asked to pay back benefits, except in some cases if they provided false information or documents to get the benefit. Your sponsor, however, may someday be held liable for the cost of certain government benefits you use.

I have filed a petition for lawful permanent residence under the Violence Against Women Act (VAWA), do I qualify for benefits? Battered women and children with pending or approved visa petitions filed by their spouse or parent, or with pending or approved self-petitions under VAWA, qualify for certain benefits if there is a connection between the battery and the need for benefits.

I am here undocumented, can I get any medical care? Yes. If your income is low enough, you qualify for emergency Medicaid. Children qualify for New York State’s Child Health Plus insurance regardless of immigration status. Many hospitals and clinics offer sliding scale rate reductions for non-emergency care for low-income people regardless of immigration status. Women qualify for prenatal care (PCAP), including labor and delivery of the baby, regardless of immigration status.

I am afraid to apply for citizenship because I received public benefits before. What can I do? You CANNOT be denied U.S. citizenship for lawfully receiving benefits, including cash welfare, health care, food programs, and non-cash programs. Public charge determinations do not apply to citizenship applicants. 

I sponsored my mother, and she came to the U.S. as a lawful permanent resident one year ago. Does she qualify for public benefits? In New York State, your mother qualifies for full Medicaid, FHP, and may qualify for the safety net program. She may be barred for her first five years in the country from accessing certain other benefit programs (like SSI), and additional restrictions may apply. These rules are very complicated; please call the hotline number listed above for information and referrals.