Since the federal government changed its interpretation of the “public charge” rule, some immigrants in New York City may be reconsidering whether to use federal, state, or local public benefits that can reduce the costs of food, housing or medical care.
Starting September 18th, immigration officials have more power to evaluate whether a green card or visa applicant is likely to become primarily dependent on the government, such as requiring cash and housing assistance, food stamps, financial aid for college, and other similar benefits. That means, officials could deny certain green card applications based on whether the person has relied on public benefits.
If you are planning to apply for a green card in the future, you may be wondering: Should I stop using public benefits? Could using a service hurt my immigration case later? And what can I do if I still need help?
The answer to that depends on the specifics of your individual case. We cannot tell you whether you should stop using benefits, but we can explain how to assess your options before getting a service.
In this guide, we teach you how to explore potential risks when accessing benefits and how to find alternatives in your area.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated October 2026.
First, do the public charge changes apply to me?
The most important thing to know is that not every immigrant is subject to the public charge test, and not every public service is considered under the rule. In a fact-sheet released by the New York City Mayor’s Office of Immigrant Affairs (MOIA), the department explains, for educational purposes only, the updates.
The public charge rule does apply to:
- People applying for green cards and/or certain visas, including but not limited to: family-based, employment-based, diversity, and S visas
The public charge rule does not apply to:
- People who already have a green card and are renewing it
- People applying for U.S. citizenship
- U.S. citizens, including the U.S. citizen children of immigrants
- People applying for a green card through certain humanitarian protections, such as asylum, refugee status, T visas, SJIS, U visas, and their dependents
You can see a more detailed list on USCIS’s website.
“Your eligibility for benefits and services for which you are entitled has not changed,” MOIA said in response to questions from Documented.
Before you stop using a benefit, talk to an immigration lawyer or accredited representative. Here are a few resources for free or low-cost legal help:
- NYC Mayor’s Office of Immigrant Affairs’ Immigration Legal Support Hotline at 800-354-0365 Monday to Friday from 9 AM to 6 PM, and say “public charge.” Immigrants can use the hotline to get free and safe immigration legal assistance
- New York Legal Assistance Group (NYLAG)
- New York Lawyers for the Public Interest (NYLPI)
You can read more here.
What is the difference between a government and a non-government program?
Government-funded programs may be more likely to collect personal information to determine if you’re eligible for the services.
Government programs:
- Federal programs: Services or financial assistance managed, funded, or carried out by a department or agency of the U.S. government. Examples include SNAP, WIC and Medicaid.
- State programs: Services or financial assistance administered by New York State. These programs may be funded through state revenue, federal grants, or a combination of both. Examples include Summer EBT and some New York State health and assistance programs.
- Local programs: Services or financial assistance administered by New York City or another local government. These programs may be funded through city revenue, state or federal funding, or a combination of sources. Examples include Fair Fares NYC and NYC Care.
Some experts believe that some non-government charitable benefits, such as food pantries that are open to all and collect little to no information, would likely fall outside the scope of the public charge test.
Non-government programs:
- Nonprofits and community organizations: Services provided by independent nonprofit or community-based organizations. Their funding may come from donations, foundations, government grants or multiple sources. Examples include food pantries, community clinics, and legal-service organizations.
Whether a particular program is considered under public charge depends on how the program operates and the applicable rules.
For example, some immigrants can apply for SNAP benefits, but since it is a means-tested public benefit that is funded federally, it may be considered under the new public charge rule. But a community food pantry is a different type of service, and can often operate from churches, or nonprofits that don’t require a lot of information, or that aren’t required to report the information of the people they serve.
“Means tested public benefits are generally understood to be benefits where your income or receipt of other resources are considered to decide if you qualify. Earned benefits, like Social Security and Medicare, are not means-tested public benefits,” MOIA said.
What to ask before getting services
If you want to be cautious about the providers you share your information with, here are some questions you can consider asking:
- What information do you collect from me?
- Immigration status? Social Security Number? Address?
- Why do you need this information?
- Does this program receive government funding? Does that funding require you to report information about people who use this program?
- Could my information be shared with a government agency?
- Could you provide a copy or link to your organization’s client confidentiality/data privacy policy?
If you need food
SNAP is one of the programs that may be considered under the new public charge rule. But avoiding this benefit can come at a cost. Food pantries, community kitchens and other food programs provide assistance outside of SNAP.
Food Bank For NYC told Documented that it does not ask for immigration status or require personal information to access food at any of its direct-service programs.
This is why it helps to ask not only whether a provider collects immigration-status information, but also whether it collects other information and which agencies may receive it.
If you are considering SNAP but are worried about how it could affect a future green card application, talk to an immigration legal provider about your individual situation.
If you need food now, you can also look into community food assistance from pantries and community kitchens.
If you need health care
According to NYC Care, a health care access program run by NYC Health + Hospitals, every New Yorker has the right to health care regardless of immigration status or ability to pay. Their department, and NYC Health Department clinics, provide services to people regardless of immigration status.
NYC Care says that they do not ask about immigration status, and uninsured New Yorkers can also access low and no-cost care through City facilities and community health centers.
If you are considering Medicaid and are worried about public charge, ask a legal representative. If you need medical care now, you can also look into local clinics and other low-cost health care options.
If you need mental health support
NYC 988, formerly NYC Well, says mental health services are available regardless of immigration status, and people do not need to provide immigration information to access those services. NYC 988 provides free and confidential support by phone, text and online chat. Call or text 988.
There are further local organizations and nonprofits that help immigrants access care:
- Mental Health Care for immigrants
- Mental Health Support Group for Haitians
- Support for Haitian Youth
- Support Group for Men of Color
- Support for Black Immigrant Youth
- Raising Health
If you need housing help
If you need help understanding your housing rights, you can also look for tenant legal services or community organizations that provide counseling without requiring you to apply for a housing benefit.
If you need education help
Parents that are concerned about their children’s free school meals or access to public education would hurt a future green-card application should know that public education should not be a reason for parents to keep their children home from school.
“Public education remains accessible to everyone, regardless of means, and we believe it would not be considered under the new guidance. We advise parents to continue to send their children to school,” said Abby Biberman, Associate Director of New York Legal Assistance Group (NYLAG)’s Public Benefits Unit.
The attorney explained that all New York City’s universal free school lunch program is similarly not means-tested, meaning all NYC public school students can receive free lunch regardless of family income. “We’re hopeful that hearing officers will understand that school lunch is not means-tested in New York City and therefore should not be considered in a public charge test,” the attorney said.
Parents should not withdraw their children from school or stop using a service without receiving individualized legal advice.
If you need financial help
Although New York City offers free financial education, counseling, and literacy programs for immigrants through city agencies, there are also community organizations that offer free one-on-one professional financial counseling (in-person or over the phone) to help residents build credit, create budgets, manage debt, and open safe bank accounts.
For example, Out of The Mattress is a Free financial education for immigrants. In a statement to Documented, they said they are funded by private donations only. Their core financial education program is free. Learn more here.
If you need clothing help
St. Mary’s Clothing Drive offers free clothing pickup throughout New York City’s five boroughs and select areas of Long Island. It also distributes clothing at its clothing bank at 230 Classon Ave., Brooklyn, NY 11205. Clothing is available on Mondays, Wednesdays and Fridays, generally from 6:30 a.m. until 10 a.m. or until supplies run out. Visitors are asked to bring a state-issued ID or a letter from a social worker. Clothing is distributed on a first-come, first-served basis, and availability is not guaranteed. For more information, call 718-529-6070 or click here.
