SNAP & Public Charge

“Public charge” is a test in federal immigration law used to determine whether certain non-citizens can enter the country or become lawful permanent residents (LPR status or green card). The test mainly applies to people seeking a green card through a family member.

The United States Citizenship and Immigration Services (USCIS) defines “public charge” as someone likely to become primarily dependent on the government for basic support. If an immigration official determines that someone is likely to become a public charge, the government can deny their application for entry to the United States or for lawful permanent resident status.

The Current Rule:

The current public charge rule took effect in December 2022. Under this rule, immigration officials cannot consider a person’s use or potential use of SNAP as a factor in a public charge test. This rule is based on federal guidance from 1999, stating that public benefit programs related to health care, nutrition, and housing will not impact an individual’s immigration status.

The Proposed Rule:

In November 2025, USCIS published a proposed rule on public charge that would rescind the 2022 rule. This proposal does not formally replace the 1999 federal guidance with a new public charge policy, although it suggests a broader approach to public charge that may:

• Allow consideration of any public benefit
• Consider past or current use of benefits, regardless of how long or how recently they were used
• Consider the benefits received by family members

The 2022 public charge rule is still in effect until a new rule is finalized.