When applying for a visa or green card, many people worry about anything that could hurt their chances. A common question is: Will my immigration case be affected if my petitioner receives public benefits? The good news is that, in most cases, it will NOT negatively impact your application.
What is the “public charge” rule?
The public charge rule is used by immigration officers to determine if an applicant is likely to rely on government assistance in the future. This rule only focuses on the benefits received by the applicant—not the petitioner or any family members.
Which public benefits can affect a green card or visa application?
Only a few types of public benefits may raise concerns, and only if they are received by the person applying for the immigration benefit. These include:
- Cash assistance for income maintenance (such as SSI or TANF)
- Long-term institutionalization at government expense
Most other benefits—like food stamps (SNAP), Medicaid, WIC, school lunch programs, or housing assistance—do not count against you, especially if they are received by your sponsor and not by you.
What if my petitioner receives public benefits?
If your petitioner receives public benefits, this does not disqualify you. For example, if your U.S. citizen spouse receives Medicaid or SNAP, it will not affect your eligibility for a green card.
What matters more is the Affidavit of Support (Form I-864). Immigration officers will check if your sponsor meets the minimum income requirements. If your sponsor’s income is too low, you may need a joint sponsor.
When can public benefits become a problem?
The issue arises only if your sponsor commits fraud or provides false information to obtain those benefits. In such cases, it could hurt their credibility and may complicate your immigration process.
Unsure about how public benefits might affect your case?
Every immigration case is different. At J. Molina Law Firm, we help immigrants and their families navigate these concerns with confidence. If your petitioner receives public benefits and you’re not sure what that means for your application, contact us today for a personalized consultation. We’re here to protect your path toward the American Dream.
