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 (September 2026)
The Department of Homeland Security’s final rule on public charge went into effect on September 18, 2026. The Immigrant Eligibility for Public Benefits in New York State Chart has been updated to reflect the changes set forth in the DHS Rule and the Guidance.
Please note: Many non-citizens will never face a public charge test. The new rule does not change who is subject to public charge. There are over two dozen immigration categories that have been and continue to be exempt from the public charge rule. Before you advise any client or community member on public charge risk related to the use of benefits, you must first determine their immigration status and/or where they are in the immigration process.
Who is subject to public charge? Only the following categories of non-citizens:
- Mainly persons applying to adjust status to LPR (“green card” status) through a family member. This involves two steps. Filing an I-130 and filing an I-485. If a person filed their I-485 before September 18, 2026, the old, more favorable rules apply to them.
- People who adjust through an employer or the diversity visa lottery also are subject to public charge. (You are less likely to see these instance)
- People who already have LPR status who leave the U.S. (a) for more than 180 days -- they face a public charge test upon return; or (b) who leave the U.S. for any length of time with certain criminal convictions – they face a public charge test upon return.
What are the main features of the new rule that I should be aware of?
The Final Public Charge Rule - The new rule and guidance make the following changes you should be aware of:
- Benefits receipt that get considered in a public charge test: Under the new rule, any means-tested benefit (eligibility based on income and resources) used on or after September 18, 2026, gets considered in a public charge analysis. There are no exclusions. (Under the old rule, only cash assistance and long-term institutional care paid for by Medicaid counted).
- Whose receipt of benefits counts against the person applying for a LPR status/green card?
- The non-citizen who is applying for LPR status/green card;
- The dependents of the non-citizen applying for LPR status/green card, most often the non-citizen’s children, including U.S. citizen children.
- Other changes that I should be aware of?
- The weight given to a sponsor’s Affidavit of Support may be different. Persons applying for a green card through a family member still need a qualified sponsor and a signed Affidavit of Support (I-864), but DHS says that will consider whether the Sponsor is truly going to support the person applying for a green card by considering, among other factors, whether the Sponsor receives any means-tested public benefits.
- Many, many categories of non-citizens are still exempt as indicated in the chart, and they can obtain LPR/green card status without facing a public charge test. However, in some cases, exempt non-citizens may decide to take another path to obtaining LPR status, e.g., through a spouse, parent, or child. In that case, if they received any means-tested benefit while in the exempt status, it could be counted against them if they change course and get their green card through a family member.
I am advising someone who has not yet filed their I-485 application for LPR status through a family member, but they plan to – what should I do?
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 through a family-based petition (will file an I-485), you should exercise caution and speak to an immigration professional about your options.
- 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 may face the new rule upon your return.
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.