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Benefits Considered for Public Charge Purposes
Cash benefits for income maintenance, which can be considered by immigration officials as part of the public charge determinations, include the following:
1. Supplemental Security Income
2. Temporary Assistance for Needy Families, not including non-cash benefits and services such as child care and transportation, or one-time emergency payments to avoid the need for on-going cash assistance, and;
3. State and local cash benefit programs that are for the purpose of income maintenance (often called "General Assistance" but which may exist under other names).
4. Long-term care benefits under Medicaid
Benefits Not Considered for Public Charge Purposes
The HRSA programs, including all health center programs, are not considered as a cash benefit for income maintenance purposes. Programs that are not considered as a cash benefit for income maintenance purposes, and thus will not be considered by immigration officials as part of the public charge determinations, include:
1. Health center programs
2. Medicaid, except long-term care. Short periods of rehabilitation are not to be considered.
3. Children's Health Insurance Program
4. Immunizations
5. Testing and treatment of symptoms of communicable diseases
6. Prenatal care
7. Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs
8. Housing assistance
9. Child care services
10. Emergency assistance, such as the Low Income Home Energy Assistance Program
11. Emergency disaster relief
12. Foster care and adoption assistance
13. Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
14. Job training programs
15. In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
Eligible non-citizens can use all of the services listed above without fear that use of these services will be considered evidence of public charge status. Receipt of these non-cash services does not affect the right of immigrants to be sponsors of other immigrants under an affidavit of support.