The USCIS released a "Public Charge" Fact Sheet discussing the public charge bar to admission for nonimmigrants.  An individual who is likely at any time to become a public charge is inadmissible to the United States, and ineligble to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge.

While multiple factors can be taken into consideration to consider whether an individual should be deemed inadmissible on a "public charge" ground, receiving any kind of public cash assistance for income maintenance will work against an individual.  The USCIS memo specifies that public cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and State or local cash assistance programs for income maintenance, often called “General Assistance” programs.  While the USCIS states that acceptance of these public cash assistance programs does not necessarily make a non-citizen inadmissible as a public charge, it will certainly be considered.

The most important thing the USCIS memo does is specifically state which programs should NOT have an effect on whether a non-citizen is likely to become a public charge.  These programs include the following:

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

• Children's Health Insurance Program (CHIP)

• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

• Housing benefits

• Child care services

• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

• Emergency disaster relief

• Foster care and adoption assistance

• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

• Job training programs

• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

• Non cash benefits under TANF such as subsidized child care or transit subsidies

• Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.

• Unemployment compensation is also not considered for public charge purposes