Northeast Valley Health Corporation (NEVHC) is committed to providing health care for all regardless of immigration status. We encourage you to get informed about the changes to the public charge rule taking effect on February 24, 2020 and learn which immigration options may be impacted. Find out if the public charge rule applies to you before making a decision to remove yourself and your family from programs and benefits that help you remain strong, stable, and healthy.
What is public charge?
The term “public charge” is used to refer to a person that is likely to become primarily dependent on the government to meet their basic needs. Public charge is determined by a combination of many factors such as a person’s age, health, income/resources, family situation, education, skills, and use of public benefits.
Who does public charge apply to?
Only people applying from abroad to enter the United States or individuals who have visas and are on a path to legal permanent resident (LPR) status (i.e. green card) are subject to public charge. Individuals who are legal permanent residents and leave the country for more than 6 months may be subject to public charge determination when they try to return to the United States.
Who is NOT affected by public charge?
- U.S. Citizens
- Legal Permanent Residents (LPR) on a path to citizenship or renewals
- Temporary Protected Status (TPS)
- “T” or “U” visa holders
- Special Immigrant Juvenile Status
- Refugees and Asylees
- Deferred Action for Childhood Arrivals (DACA) Renewals
- Permanent Residence Under Color Of Law (PRUCOL)
- Survivors of Domestic Violence
- Pregnant women and new mothers up to 60 days postpartum.
Use of the following programs may be considered a public charge:
- Non-emergency Medi-Cal
- SNAP Program also known as Cal Fresh or food stamps
- Cash assistance programs such as CAPI, SSI, General Relief/Assistance and TANF (CalWorks)
- Housing assistance such as Section 8 vouchers, public housing
- Medi-Cal for long-term nursing home care
Use of the benefits listed above AFTER February 24, 2020 may be used to make a public charge determination.*
*Note: Most immigrants applying for a green card are not eligible for the programs listed above. If you have a family member who is using these programs, it will NOT count towards your public charge determination. Use of these programs may be used for public charge determination of the family member if they are on a path to legal permanent residency.
What programs are NOT considered when determining if someone is a public charge?
- Emergency Medi-Cal
- Women, Infants and Children (WIC) Program
- My Health LA (MHLA)
- Community Health Center Sliding Fee Discount Program
- Non-emergency Medi-cal for individuals under 25 years of age (including CHIP)
- Ryan White Program (HIV Program)
- Title X Program (Family Planning)
- Covered CA subsidies/ Affordable Care Act (ACA) tax credits
Do you need more information or resources?
Conduct a self-assessment to learn how public benefits use can impact your immigration status, which benefits are safe, and when to seek legal advice by visiting KeepYourBenefitsCA.org.
If you are concerned that the public charge rule may impact your immigration status, please speak to an immigration attorney about your case. Visit ImmigrationLawHelp.org to find an immigration attorney.
