Updated on April 14, 2025 Public Charge
SFHSA Answers Your Questions
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.
Under current law, many types of public benefits do not involve the public charge test like the use of Medi-Cal (other than for long-term institutional care), CalFresh, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), school meals, and housing support.
Apply for benefits
We urge you to seek the supportive benefits you need for you and your family. Apply for benefits, online through BenefitsCal or by phone at (415) 558-4700.
Know your rights. Get the facts
Every situation is different. For questions about public charge and your benefits:
- View California’s Public Charge Guide (September 2022), available in multiple languages.
- Call the Bay Area Legal Aid Free Advice Line at (800) 551-5554
- See our Frequently Asked Questions below.
For citywide immigrant services and information, including legal help, visit the City’s Immigrant Services page.
Frequently Asked Questions about Public Charge
Public charge is a legal term that describes a noncitizen who relies primarily on government benefits for support. These benefits include cash assistance programs and long-term care facilities paid for by Medi-Cal (see question #9).
Federal immigration officials use the public charge test to decide who they will allow into the U.S. or who can obtain status as a lawful permanent resident (Green Card). It also applies to Green Card holders who leave the country for six months and seek to re-enter.
Public charge does not apply to other immigration applications, such as applications to become a naturalized U.S. citizen.
If a noncitizen is determined to be a public charge, immigration authorities may deny their visa or Green Card application.
No. In 2019, the federal government temporarily expanded the list of public benefit programs that may be considered under the public charge test. However, in 2022, the public charge rule was amended to limit the public benefit programs and other criteria that may be considered under the test. This means that most of our programs are currently not considered in the public charge test.
No. The rules for California’s public assistance programs have not changed, including for babies born in the U.S. to undocumented parents. We encourage you to apply and access benefits for which you are legally entitled. SFHSA will provide updates to our clients and community partners about any changes that may impact them.
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 consecutive months.
No. If you currently have a Green Card and need to renew it, the public charge test does not apply.
No. Most immigrants who receive public benefits and services are not impacted by the public charge rule. The public charge test does not apply to refugees, asylum seekers, and other categories of humanitarian immigrants.
No. The public charge rule does not apply to citizenship applicants.
No. The public charge rule never applies to citizens, including children born in the U.S. to immigrant parents.
If you enter the U.S. or apply for a Green Card, the only public assistance programs considered under the public charge test are:
- Cash assistance programs, such as CalWORKs, County Adult Assistance Programs (CAAP), and SSI
- Institutional long-term care paid by the government, such as Medi-Cal
Many other public benefits are not considered in the public charge test.
No.
No. Food benefits like CalFresh (food stamps) are not currently considered in the public charge test.
No. Using Medi-Cal does not make an immigrant a public charge unless you live in a long-term care facility and Medi-Cal is paying for it.
No. Government-funded benefits received by your children and family members do not make you a public charge.
No. California does not require sponsors or children of benefit recipients to either pay back benefits or pay taxes on those benefits.
No.
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.
Although we cannot provide legal guidance, the free, nonprofit immigration attorneys we partner with can offer free legal help on public benefits and immigration.
For questions about public benefits and public charge, call Bay Area Legal Aid's Legal Advice Line at (800) 551-5554.
- For additional information on the public benefits available based on immigration status and the required information, visit our Public Benefits for Immigrants page. Support is available in multiple languages.
- For citywide services for immigrants, including legal help, job and career services, and housing and shelter, visit the City’s Immigrant Services and Resources page.