Written by ASAP’s expert immigration lawyers · Updated
Each U.S. state has different rules about what assistance asylum seekers can receive from the government. This may include benefits such as housing support, financial support, food support, and support for pregnant women, babies, and young children. For some benefits, if you have U.S. citizen children, you may be able to receive benefits on their behalf, regardless of your own immigration status.
Applying for government benefits does not affect your case for asylum, as long as you are truthful when you complete application forms. The “public charge” rule does not apply to asylum applications, work permits based on asylum, or permanent residence (green card) applications based on winning asylum. However, if you are also applying for a different type of green card, the “public charge” rule may affect you. Continue reading for more information.
How can I find information about the assistance available in my state or city?
You can search for community organizations or immigration lawyers in your area to ask for help. They may be able to offer assistance, or may be able to help you understand what government benefits you are eligible for.
In many areas of the United States, you can also call the phone number 211 and speak with a specialist about what government benefits you can apply for.
Will receiving government assistance affect my asylum case?
No! Receiving assistance from the U.S. government does not affect your asylum case. Receiving government assistance (also known as public benefits) also does not affect your ability to apply for a green card based on asylum in the future.
What is the “public charge” rule and who does it impact?
The “public charge” rule lets the U.S. government deny some green card or visa applications if they believe you will need government benefits to support yourself. To make that decision, the U.S. government looks at things like your income, age, health, education, family situation, and whether you use government assistance.
The public charge rule only impacts specific types of applications. It can apply in one of these situations:
You are applying for a green card through a family member.
You are already a green card holder and you have been outside of the U.S. for more than 180 days.
You are applying for certain visas from outside the U.S. See this government website.
You are applying for a green card based on employment. (However, if you have a job in the U.S., the government generally does not consider you to be a “public charge.”)
The public charge rule does NOT apply to green card applications that are not based on family or employment. For example, using government assistance should NOT affect your green card application based on asylum, a U Visa, SIJS, or the Cuban Adjustment Act. Using government assistance also should not affect other applications for people who are already in the U.S., such as work permits.
I am applying for a family-based green card. What types of government assistance could affect my case?
The types of government assistance that could affect your case are different depending on when you submit your family-based green card application. In July 2026, the government announced that it is expanding the “public charge” rule to include more types of government assistance that could affect green card applications. The expansion of the public charge rule only affects green card applications submitted after September 18, 2026.
Applications submitted before September 18, 2026:
For family-based green card applications submitted before September 18, 2026, only very specific types of government assistance can affect your immigration case, and many immigrants are not even eligible to receive these types of assistance. The only types of government assistance (public benefits) that can affect your immigration case are:
Direct cash assistance through government programs called Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and General Assistance (GA).
Medicaid for long-term medical care in a nursing home, psychiatric hospital, or other institution.
Applications submitted on or after September 18, 2026:
Family-based green card applications submitted on or after September 18, 2026 will be reviewed under the expanded public charge rule. However, the government has not yet provided a list of the government assistance that will affect green card applications under the expanded rule. We will continue to update this page as we learn more.
Getting public assistance does not automatically mean that your family-based green card application will be denied. USCIS is supposed to look at your whole situation, for example, your age, health, family, income, education, work history, how long you received public assistance, how much you received, and why you needed the assistance. If you or your family are currently receiving benefits and you are worried about the public charge rule, you may want to talk to an immigration lawyer before deciding to stop receiving benefits.
Visit this page or this page from other organizations to learn more details about the public charge rule and who it affects.
Specific Topics
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The Asylum Seeker Advocacy Project (ASAP) aims to provide factual information about current immigration laws. This information is not legal advice.
All legal content is written and legally reviewed by ASAP’s team of expert immigration lawyers. ASAP’s expert lawyers have decades of experience in immigration law and litigation. Collectively, they have won hundreds of cases. Our lawyers are admitted to the Bar in several U.S. states, hold law degrees from universities including Harvard, Yale, and UCLA, and have won multiple awards for their legal work.