Public Charge

Public Charge A. Non-citizens who seek admission to the U.S. must establish that they will not become “public charges.” B. A “public charge” is a non-citizen who has become (for deportation purposes), or who is likely to become (for admission/adjustment purposes), solely dependent on government assistance as demonstrated by receipt of the following: 1. Receipt of public cash assistance for income maintenance (including Temporary Assistance for Needy Families or Supplemental Security Income). 2. Medicaid with the exceptions for emergency services, coverage or pregnant women and coverage of children under age twenty-one (21). 3. Supplemental Nutrition Assistance Program. 4. Public Housing or Section 8 vouchers. C. The Public Charge rule does not apply to certain classes of non-citizens including refugees and persons granted asylum or victims of trafficking or criminal activity or individuals classified under the Violence Against Women Act or military service members and their spouses and children. D. USCIS officials make a determination of public charge on a case-by-case basis. The Division of Medicaid is not involved in this determination and Medicaid eligibility is based on immigration status combined with all other Medicaid criteria in determining eligibility for non-citizens.