Empire Justice Center, The New York Immigration Coalition, and The Legal Aid Society are excited to announce the updated version of the Immigrant Eligibility for Public Benefits in New York State chart.
This resource aims to support service providers guiding noncitizens in accessing public benefits. The chart maps out noncitizen eligibility for a number of federal and New York State benefits, and which of those could potentially have public charge implications.
GENERAL NOTE
IMPORTANT UPDATES (July 2026)
On July 20, 2026 the Department of Homeland Security released its final rule on Public Charge. The rule will go into force on September 18, 2026. We outline below what we know so far, and we will release an updated Immigrant Eligibility for Public Benefits in New York State chart to coincide with the Rule’s effective date.
Please note: Many non-citizens will never face a public-charge test. The new rule does not change who is subject to public charge. While we are waiting for the guidance, we know that the information on the chart about who has to be concerned about public charge will remain the same. The primary aspect of the chart that we expect to change is which benefits are countable, which may newly include counting a family member’s benefits. There are over two dozen immigration categories that have been and continue to be exempt from the public charge rule.
The September 18, 2026 Public Charge Rule: Once effective, the new rule:
- will rescind the 2022 Biden regulations on public charge, which were designed to bring clarity to public charge determinations; and
- contains a change in the regulations governing public charge bonds.
The new Rule states that DHS will issue guidance for immigration officers about conducting public charge determinations in the absence of regulations. We do not know precisely what the guidance will say, but the new rule suggests the following:
- The new Rule indicates that the guidance will permit immigration officers to consider any means tested public benefit as countable in a public charge determination. Historically, only cash assistance and government-funded long-term institutional care have been countable in a public charge determination.
- The new Rule also suggests that the guidance will allow immigration officers to consider benefits applied for and used by the dependents of an I-485 family-based adjuster and the limited other categories to which public charge applies. For example, if an individual adjusting their status has a US citizen child who has used SNAP, CHIP, or another means-tested benefit, then that benefit usage might be weaponized to determine the adjuster’s likelihood of becoming a public charge.
- The new Rule will apply to applications for adjustment of status filed on or after September 18, 2026. We anticipate that the use of countable benefits (other than cash assistance and long-term institutional care funded by the government) will only be countable after September 18, 2026.
- If you are a person who is subject to public charge or you are advising such a person: People in the following categories should consult a lawyer for advice about how the new rule will affect you once it goes into effect:
- If you are planning to adjust to LPR status though a family based petition (will file an I-485), you should exercise caution, and speak to an immigration professional about your options.
- If you are already in the process of adjusting to LPR status through a family based petition (have a pending I-485), the new public charge rule should not be used for your case, but consult your immigration professional for any guidance.
- If you have LPR already and you are planning on leaving the country for 180 days or more, or for any amount of time but you have certain criminal convictions on your record, consult an immigration professional, because you will face the new rule upon your return.
- If you are in the process of extending or changing your non-immigrant visa status, consult an immigration professional about whether the new rule will apply to your case; some categories are exempt.
We will update the chart to reflect any changes that go into effect.
Note on the Scope of the Chart: Please note that not all immigration statuses and postures are included in the Chart, only those that you are most likely to come across. If you are wondering about a status not represented in the Chart, please consult the sources cited in the footnotes for eligibility guidance on each relevant benefit.