At Landerholm Immigration, we’ve seen how fear and confusion around public benefits can lead immigrants to make life-changing decisions—sometimes without fully understanding the law. If you or a loved one are applying for a green card, this issue is critical.
Let’s break it down clearly, urgently, and truthfully.
What Is “Public Charge” — And Why It Matters
The U.S. government uses something called the “public charge” test when deciding whether to approve certain green card applications.
In simple terms:
A public charge is someone the government believes is likely to depend on public benefits for basic needs.
If immigration officials decide that you are likely to become a public charge, they can deny your green card application.
This test applies mainly to:
- Family-based green card applicants
- Some people applying for visas from outside the U.S.
What Benefits Can Cause Problems?
Under current rules (as of 2026), immigration officials focus mainly on:
- Cash assistance programs (like SSI or TANF)
- Long-term institutional care paid by the government (like nursing homes)
These are the benefits that most clearly raise red flags.
👉 However, here’s where things get dangerous:
The Rules May Be Expanding
Recent proposals and policy shifts suggest that immigration officers could start considering more types of benefits, such as:
- Food assistance (like SNAP)
- Housing assistance
- Medicaid and other health programs
- Even benefits used by family members
If these changes fully take effect, the risk becomes much broader—and less predictable.
It’s Not Just About Benefits — It’s About Your Whole Situation
Many people believe:
“If I used benefits, I automatically lose my green card.”
That’s not exactly true.
Immigration officers look at the “totality of the circumstances,” including:
- Your age
- Your health
- Your income and assets
- Your education and job skills
- Whether you have a financial sponsor
So yes—benefits matter. But they are only one piece of the puzzle.
The Real Risk: Uncertainty
Here’s the biggest problem right now:
⚠️ The law is changing—and fast.
Recent proposals would:
- Give officers more discretion
- Remove clear rules about which benefits are “safe”
- Expand what can be considered against you
That means two similar cases could get different outcomes depending on the officer reviewing them.
Who Is NOT Affected by Public Charge?
Not everyone needs to worry about this.
Many immigrants are completely exempt, including:
- Refugees and asylees
- U visa and T visa holders
- VAWA applicants
- People applying for citizenship (naturalization)
If you fall into one of these categories, public charge likely does not apply to you.
Common Mistakes That Can Hurt Your Case
At Landerholm Immigration, we often see people make these critical mistakes:
1. Avoiding Benefits Out of Fear
Many immigrants stop using benefits they are legally entitled to—even when those benefits do not count.
This can lead to:
- Worse health outcomes
- Financial instability
- Harm to U.S. citizen children
2. Using Benefits Without Legal Advice
On the other hand, some people assume everything is safe—and that’s not always true, especially with changing policies.
3. Not Preparing Financial Evidence
Even if you’ve used benefits, you can still win your case by showing:
- Stable income
- Strong affidavit of support
- Employment history
- Assets and savings
What Should You Do Right Now?
If you’re applying for a green card and have used (or are considering using) public benefits:
Do not guess. Do not rely on rumors.
Instead:
- Get clear legal guidance before making decisions
- Understand which benefits actually apply to your case
- Build strong financial evidence to protect your application
Final Thoughts
Using public benefits can affect your green card—but not always, and not in the way many people think.
The real danger today is uncertainty.
Policies are shifting. Enforcement is evolving. And the consequences of getting it wrong are serious.
At Landerholm Immigration, we believe in one thing above all:
Empowering you with clear, honest information so you can protect your future.
You can also watch our video on the matter, right here: Using Public Benefits? This Could Cost You Your Green Card