Important: Starting December 23, 2022, the federal government will use a new public charge regulation that adds important protections for immigrants who get public benefits. Read on for the latest information.
What is public charge? Should I worry about it?
“Public charge” is a test used by US Citizenship and Immigration Services to decide who they will let into the United States, who can renew certain temporary visas, and who can get a green card. Only people who cannot support themselves are considered “public charges.” There is no public charge test when you apply for citizenship.
Will getting health care hurt my immigration status?
Most immigrants can get healthcare without hurting their immigration status or being stopped from returning to the United States. US Citizenship and Immigration Services says it is okay to get:
- Medi-Cal (except long-term institutional care, such as nursing facilities)
- Short-term rehabilitative services paid by Medi-Cal
- Home and community-based services (HCBS), including In-Home Supportive Services (IHSS)
- Covered California
- Other government healthcare (like county health care services, free hospital care, public health services, etc.)
Important: For most immigrants, simply having Medi-Cal will not harm their immigration status. That’s because many immigrants are excluded from the public charge rule. And Medi-Cal only counts against people if it pays for long-term institutionalized care (like a nursing home or mental health facility).
The public charge rule does not apply to:
- U.S. Citizens
- People applying for U.S. citizenship.
- Most people with green cards (Lawful Permanent Residents, or LPRs)
- Several immigrants with specific statuses, including:
- Asylees
- Refugees
- Special immigrant juveniles (SIJS)
- Violence Against Women Act (VAWA) self-petitioners
- Survivors of serious crimes (U Visa applicant/holder)
- Survivors of human trafficking (T Visa applicant/holder)
- Some other immigrants
Remember: The information you share with the county and state is confidential and can only be used to confirm eligibility for public benefits.
Do the public charge immigration rules apply to me?
Every person’s situation is different. For specific information on keeping your healthcare benefits and to learn if public charge might apply to you, please visit one of the links, below:
English: Keep Your Benefits – California
Spanish: Tusbeneficiospublicos.org
Chinese: Chinese (中文)
You can also get this information by sending a text to 650-376-8006. Just text the word “benefits” (for English), “libre” (for Spanish), “福利” (for Chinese) or “lợiích” (for Vietnamese).
You can also access educational materials from Protecting Immigrant Families.
Please call the Health Consumer Alliance at (888) 804-3536 for a free, confidential consultation and information. TTY (877) 735 2929. If you may be impacted and/or still have concerns, you should speak to an immigration attorney for an individualized immigration law consultation. Find a trusted and free/low-cost immigration attorney on this list.
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