Updated 7/24/2026
The “public charge test” is a policy used by immigration officials to decide whether a person can enter the United States or get a green card (Lawful Permanent Residency status).
Some families are worried that getting public benefits could affect their immigration status because of this policy. However, the public charge test does not apply to every immigrant. It only applies to people applying for a family-based green card, a job-based green card or a visa to enter the US, or to green card holders who leave the country for more than 180 days.
Public charge does not apply to you if:
- you are a US citizen
- you already have your green card or permanent residency
- you already have your green card and you are renewing it
- you already have your green card and you are applying for US citizenship
- you are applying for or already have received TPS, U or T Visa, Asylum or Refugee status, or Special Immigrant Juvenile Status
- you currently have no pathway to get a green card, or
- you do not plan to apply for a green card in the future.
If you are not sure if your status is included or you want advice about getting government benefits, call us at Vermont Legal Aid at 1-800-889-2047. Our services are free and confidential.
Ask for help
Do you want to know if you are eligible for a benefit program? Aren’t sure if your legal status is subject to the public charge test? Have other civil legal questions? Call us at 1-800-889-2047 or fill out our online form. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont. We may also refer you to other organizations for help. Our services are free and confidential.
For questions about eligibility for health programs like Medicaid or Dr. Dynasaur, contact the Vermont Office of the Health Care Advocate at 1-800-917-7787. Our services are free and confidential.
See our Immigration & Citizenship page for groups that can help you with immigration questions.
Get informed
These are helpful websites to learn more about the public charge rule:
