How USCIS Considers Public Benefits in US Citizenship Applications

Published: April 1, 2025

Foreign nationals securing a visa and admission or requesting a status change must prove they’re not likely to become a public charge. That means they won’t primarily rely on public benefits or government assistance at any point. 

The applicants must demonstrate they have adequate financial resources or a sponsor who agrees to support them financially. Immigration officers use the public charge test to assess whether you can enter the US or are eligible for a green card or lawful permanent resident (LPR) status. 

Under Section 1182 of  Title 8 of the United States Code (USC), the likelihood of becoming a public charge is one of the grounds of inadmissibility. Generally, applying for citizenship through naturalization is not subject to the public charge of inadmissibility. 

Although receiving public benefits doesn’t disqualify an LPR from becoming a US citizen, there are some nuances worth considering that can hurt your citizenship application. Here, understand what cases fall under the public charge rule and impact your eligibility for citizenship.

Overview of How the Public Charge Test Works

Under the Department of Homeland Security (DHS) final rule, immigration officers consider the applicant’s totality of the circumstances to assess the likelihood of primarily relying on government assistance for subsistence. 

No single factor determines public charge inadmissibility. But suppose those required to submit an Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA) fail to do so, or if the affidavit is insufficient. This alone can make the applicant inadmissible on the ground of public charge. 

Who Can Be Subject to the Public Charge Rule

Not all noncitizens are subject to public charge inadmissibility and are simultaneously eligible for public benefits covered by the 2022 final rule before adjusting their status. Exemptions to the public charge ground of inadmissability can include those who apply for humanitarian benefits, such as asylum or refugee status, VAWA self-petitioners, and U or T visa holders. 

Unless applicants qualify for exemptions, those seeking admission to the US or applying for adjustment of status are subject to the public charge rule. In most cases, the public charge inadmissibility affects those seeking LPR status through family relationships. It also applies to nonimmigrants, but it’s less likely to be a significant barrier due to their temporary status and limited access to public benefits. 

Public Benefit Considerations for Immigration Applications

Not all public benefits are considered when determining the likelihood of public charge. When making a determination on whether the applicant is likely to become a public charge, USCIS may consider the period since and the extent of receiving the following benefits: 

• Cash assistance for income maintenance, including Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF)
• Other State and local cash assistance programs
• Government-funded (Medicaid) long-term care in a nursing home or mental health institution

Impact of Public Benefits on Eligibility for US Citizenship

Lawful use of public benefits doesn’t negatively impact your eligibility for US citizenship. However, obtaining the benefits through fraud or other illegal means can raise concerns about good moral character. 

USCIS may view fraudulent actions as evidence of poor moral character, causing the agency to deny your application for naturalization. Some individuals may unintentionally receive public benefits but don’t ever realize it. Thus, consider consulting a lawyer to confirm the legality of your benefit and assess whether you’re still eligible for US citizenship. 

Navigate the Citizenship Process With ALG Lawyers

Receiving public benefits doesn’t automatically make you ineligible for citizenship through naturalization. Still, understanding how the public charge rule affects the application is imperative. Illegal receipt of benefits can cause USCIS to find you lack good moral character, resulting in a denial of your application for naturalization.  The assistance of an experienced Los Angeles immigration lawyer can make all the difference in your pursuit of US citizenship. Our team at ALG Lawyers is ready to guide you from start to finish and help you become a citizen in the US. Connect with our law firm now to schedule a personalized consultation for your immigration concerns.