Public Charge Information

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Update Sept. 18, 2026: 

On Sept. 18, 2026, a new public charge rule went into effect. The Washington State Office of Refugee and Immigrant Assistance has reviewed the rule and wants to provide more information about the changing policies.

Here is what you need to know:

  • DSHS continues to protect the confidentiality of clients’ personal information and doesn't share this information unless required by state or federal law.
  • Public charge doesn't apply to all immigrants.
  • The rule might impact those applying for lawful permanent residency or admission to the United States -- including diversity visa immigrants and applications to renew, change or extend visas in the United States.
  • Receipt of benefits doesn't mean someone is automatically going to be deemed a public charge. It is just one of the factors that an immigration officer may consider in the determination.
  • It doesn't impact eligibility for public benefits and services. This means you can continue to apply for support and services you need.
  • The new rule doesn't name any specific public benefit program but generally includes any means-tested public benefit program, including cash, food, medical and housing assistance.
  • Any benefits received prior to Sept. 18, 2026, will be considered under the 2022 rule.
  • Public charge doesn't impact everyone the same way. Every family is different and people should make decisions based on their specific situation.
  • People with questions or concerns about the impact of using public benefits on their immigration status should contact an immigration attorney. DSHS can't offer legal advice.

What is public charge?

Public charge is a test used in federal immigration law to identify people who might primarily depend on the government as a main source of support now or in the future. If USCIS determines that certain people seeking to enter the United States or adjusting their status to lawful permanent reseidence are "likely to be a public charge," they may be denied admission, a visa or lawful permanent resident status.

What is changing in the new public charge rule?

Under the new rule, immigration officers can consider any factor they decide is relevant. This means they can look at many more types of means-tested public benefits that someone might apply for or receive.

The new rule doesn't name any specific public benefit program that the officer must consider. It leaves it up to the officer to decide. An officer may determine someone is a public charge if they are enrolled in any means-tested public benefits like food assistance, housing assistance or Medicaid, or if they receive such a benefit on behalf of family members like U.S. citizen children.

The new rule also emphasizes that immigration officers should consider a person’s age; education and skills; health; family status; and assets, resources and financial status; and whether someone has agreed to support you financially in a public charge determination. 

When will this change happen?

The new public charge rule takes effect Sept. 18, 2026. This means it will affect people who apply for admission into the United States on or after Sept. 18, 2026, or who apply for their lawful permanent residence that is postmarked or electronically submitted on or after Sept. 18, 2026. 

Any benefits received before Sept. 18, 2026, will be considered under the 2022 public charge rule and not this new rule.

Who does public charge apply to?

Public charge doesn't apply to all people. Many people might not be affected by this new rule.

Public charge only impacts people applying for:

  • Admission to the United States
  • Lawful permanent resident or LPR status, known as a green card
  • Lawful permanent residents seeking to re-enter the United States after six months out of the country

Who does public charge not apply to?

It doesn’t apply to people who are:

  • U.S. citizens
  • Lawful permanent residents applying to become U.S. citizens
  • People who do not have a pathway to become lawful permanent residents

It also doesn't apply to people applying for lawful permanent residency based on certain humanitarian immigration statuses, including:

  • Refugees
  • Asylees
  • Amerasian immigrants
  • Afghan and Iraqi Special Immigrant Visa Holders
  • Cuban/Haitian Entrants
  • Victims of human trafficking (T- Visa)
  • Victims of criminal activity (U-Visa)
  • Special Immigrant Juveniles
  • Violence Against Women Act self-petitioners

What is a means-tested public benefit?

A means-tested public benefit is a program or service provided by a government agency or public funding that assesses eligibility based on income or resources below a certain level.  

Benefits that may be considered include:

  • Cash, food and housing assistance
  • Federal financial student aid and loans
  • Publicly provided healthcare

Benefits that should not be considered:

  • Earned benefits, such as Social Security, Medicare and unemployment
  • Universal benefits available regardless of income
  • Healthcare that the applicant pays for without government subsidies

This new rule doesn't impact someone’s eligibility for benefits or services.

Where can I learn more?

People with questions or concerns about the impact of using public benefits on their immigration status should contact an immigration attorney. DSHS can't offer legal advice.

Additionally, you can contact one of the following organizations for help:

The following fliers have more information:

We will provide more information on the public charge rule and how it might affect immigrants in Washington state as we learn more.