Trump Taking Steps to Penalize Immigrants Who Access Public Benefits: The Public Charge Rule (2025-2026 Update)

A Herman Legal Group Master Resource for Families, Employers, Journalists, and Ohio Immigrant Communities

QUICK ANSWER 

The Trump administration has taken steps to revive and strengthen the Public Charge Rule, which allows immigration officers to deny green cards, visas, and extensions if they believe a foreign national is “likely to depend on government benefits.”

This policy shift was reported by NPR and further detailed by Politico.

Experts warn that this revival may again penalize the use of Medicaid, SNAP, housing programs, and other safety-net benefits.

The rule affects:

• Marriage-based green card cases
• H-1B/H-4 families
• Parents of U.S. citizens
• F-1 students
• Mixed-status families, including many in Ohio
• Lower-income households or those needing joint sponsors

For tailored help, families should consider scheduling a consultation with Herman Legal Group: Schedule a Consultation.

FAST FACTS (2025-2026 Public Charge Update)

Legal Authority

The rule is based on the ground of inadmissibility at INA § 212(a)(4).

USCIS Policy Page

See the government’s official guidance at the USCIS Public Charge page.

Consular Officer Rules (FAM)

Applicants filing abroad are subject to FAM 302.8 Public Charge guidance.

Proposed 2025 Rule

The new rule uses language similar to the 2019 version. DHS states immigrants may be denied if they are:

“likely to become primarily dependent on the Government for subsistence.”
Source: initial DHS proposal summary.

Media Reporting

Major news coverage:

• NPR Report
• Politico Report

Data Analysis

For benefit-use facts, see the American Immigration Council analysis.

INTRODUCTION 

On November 18, 2025, NPR revealed that the Trump administration is moving to revive and expand the Public Charge Rule. The next day, Politico confirmed the government intends to again scrutinize immigrant families who use Medicaid, food assistance, or housing support.

Ohio Families Are Especially Alarmed

Immigrant neighborhoods are responding with fear:

• Cleveland: Clark-Fulton, West Boulevard
• Columbus: Northland, Hilltop, Linden
• Cincinnati: Price Hill, Westwood
• Dayton: East End, Twin Towers

Many have turned to Herman Legal Group for advice using the consultation page.

EXPERT PERSPECTIVE

Richard T. Herman, Esq. explains:

“This is not just policy. It’s fear. Many of our Ohio clients worry a trip to the doctor or food assistance for their children could get them denied. We give families a roadmap to safety and legal protection.”

WHAT IS PUBLIC CHARGE? (In Plain English)

The Public Charge rule determines whether a foreign national is likely to rely on government benefits. If so, the government can deny:

• A green card
• A visa
• An extension of status
• A change of status

Where the Rule Comes From

The definition comes from the statute at INA § 212(a)(4).

How USCIS Evaluates Public Charge

USCIS uses a “totality of the circumstances” test (per the USCIS Policy Manual):

• Income & assets
• Health & medical needs
• Household size
• Credit & debt
• Education & employment history
• Sponsor’s income (I-864)
• Past or present benefits use

Consular Officers Follow the FAM

Applicants outside the U.S. face additional considerations laid out in the FAM 302.8 guidance.

THE 2025-2026 PROPOSED RULE 

The new DHS rulemaking effort mirrors aspects of the 2019 Public Charge Rule.

Key Language in the Proposed Rule

The DHS proposal states immigrants may be found inadmissible if they are:

“likely to become primarily dependent on the Government for subsistence.”

Source: policy summary from Cheryl David Law’s DHS proposal analysis.

Another Key DHS Position

Politico reports that the administration aims to:

“eliminate incentives for immigrants to access public benefits.”

See full report here:
Politico coverage of revived penalties.

Why This Matters

This wording suggests a shift back to the 2019 standard, which considered:

• Medicaid (non-emergency)
• SNAP
• Housing assistance
• Cash assistance
• Non-emergency medical programs

BENEFITS THAT COUNT UNDER THE REVIVED PUBLIC CHARGE FRAMEWORK

(Based on 2019 rule principles + 2025 proposed rule language interpreted through contemporary reporting)

The proposed rule signals a return to a stricter definition of “public charge,” consistent with the 2019 Trump rule. According to media coverage and policy summaries, these are the benefits most likely to trigger concern.

1. Federal Cash Assistance Programs

These are the lowest-hanging fruit for immigration officers.
They almost always trigger negative weight:

• TANF (Temporary Assistance for Needy Families)
• SSI (Supplemental Security Income)
• General cash assistance programs

These programs are often considered evidence of “primary dependence” — language echoed in the DHS policy summary analyzed here:
Summary of DHS proposed rule.

2. Medicaid (Non-Emergency)

Medicaid was a central part of the 2019 rule and is expected to return as a key negative factor.

This includes:

• Regular Medicaid coverage
• Long-term institutional care
• Non-emergency medical services

The NPR report explains that health programs are again being examined under the proposed rule:
NPR analysis.

3. SNAP (Food Stamps)

Politico reports that SNAP is again being flagged as a target in the revived rule:
Politico breakdown.

SNAP use by the immigrant — not their U.S. citizen child — may be considered.

4. Federal Housing Assistance

This includes:

• Section 8 vouchers
• Public housing subsidies
• Rent assistance programs

These were central to the 2019 rule framework, and the administration is signaling similar scrutiny for 2025.

5. State/Local Cash Assistance

Any state program that functions like “cash aid” is likely to be examined negatively.

Examples:

• Ohio disability cash assistance
• County-level general assistance programs

BENEFITS THAT DO NOT COUNT UNDER PUBLIC CHARGE

(Per NPR analysis, AIC research, and historical interpretation)

These benefits generally do not trigger a public charge finding:

• Emergency Medicaid
• School lunch programs
• Children’s Health Insurance Program (CHIP)
• WIC nutritional support
• Disaster relief / FEMA assistance
• Unemployment insurance (not a benefit of need)
• Tax credits (EITC, CTC)
• Pandemic-era programs
• Public health testing or vaccines
• Short-term housing/emergency shelter

The American Immigration Council offers a helpful breakdown of what immigrants typically do not use and how these programs function:
AIC: Immigrants & Federal Benefits.

IMPORTANT DISTINCTION

Benefits used by U.S. citizen children DO NOT count as immigrant benefit use.

This point is critical for Ohio’s mixed-status families, especially in:

• Cleveland (Clark-Fulton, Old Brooklyn)
• Columbus (Northland, Hilltop)
• Cincinnati (Price Hill)
• Dayton (East End)

These communities often have U.S. citizen children on Medicaid or SNAP, which is not immigrant benefit use.

WHO IS TARGETED MOST UNDER THE 2025 PUBLIC CHARGE PROPOSAL?

 

1. Marriage-Based Green Card Applicants

Red Flags

• Sponsor’s income below 125% of poverty line
• Sponsor uses Medicaid, SNAP, or housing aid
• Need for joint sponsor
• Unstable employment
• Large household size

Internal HLG Guides

• Marriage Green Card Guide
• I-864 Affidavit of Support Guide
• I-130 Filing Guide
• I-485 Adjustment Guide

2. Parents of U.S. Citizens (IR-5 Visas)

These applicants often rely on Medicaid or subsidized Medicare.
Such cases will likely face strict financial review and requests for additional documentation.

Internal guide:

• Green Cards for Parents

3. Employment-Based Immigrants (H-1B/H-4 Families)

Ohio is home to large H-1B communities in:

• Columbus (Intel, JPMorgan Chase, Nationwide)
• Cleveland (Cleveland Clinic, University Hospitals, Progressive)
• Cincinnati (P&G, Kroger, GE Aerospace)
• Dayton (Wright-Patterson, Tech Valley)

Risk Factors

• H-4 spouse used Medicaid during pregnancy
• Household dipped below required income after tech layoffs
• Employment gap due to H-4 EAD delays
• Need for joint sponsor

Internal pages:

• H-1B Visa Guide
• EB-2/EB-3 Green Card Guide

4. Students (F-1 & J-1)

Certain benefits cause scrutiny:

• State medical assistance
• Emergency financial grants
• Subsidized health insurance
• Long-term medical treatment without insurance

Internal guide:

• F-1 Visa Under Trump 2.0

5. Mixed-Status Families

Trump’s revived policy will hit hardest in neighborhoods with:

• Low income
• Elderly parents
• Health complications
• Multiple dependents
• Limited English proficiency

Internal HLG Ohio resource:

• Ohio Immigration Lawyer

6. Adjustment Applicants After Overstay

Noncitizens adjusting status after an overstay may face more intense questioning about:

• Health
• Financial stability
• Benefit usage
• Ability to self-support

HLG resource:

• Marriage to U.S. Citizen After Overstaying

7. Humanitarian Applicants (VAWA, U, T, Asylum)

These applicants are exempt from public charge, but confusion often leads to fear and unnecessary self-harm (e.g., avoiding medical care).
Internal guide:

• VAWA Green Card Guide

HOW PUBLIC CHARGE IS EVALUATED (2025-2026 FRAMEWORK)

 

USCIS and DOS officers evaluate:

Positive Factors

• Strong affidavit of support
• High income
• Job offer or steady employment
• Good health/low medical needs
• Higher education
• Assets, savings
• Private health insurance

Negative Factors

• Past benefit usage
• Poor health with high-cost medical needs
• Low education
• Unemployment
• Low income or large household size
• Need for a joint sponsor
• Lack of insurance

Heavily Negative Factors

• Dependence on cash benefits
• Long-term institutionalization
• Repeat Medicaid usage without insurance
• SNAP reliance by the immigrant
• Receiving housing subsidies

 

HOW THE REVIVED RULE AFFECTS THE AFFIDAVIT OF SUPPORT (I-864)

 

The Affidavit of Support becomes the legal backbone of the case.

Negative Impact on I-864

• Sponsor used benefits
• Sponsor’s income fluctuates
• Sponsor works contract or gig jobs
• Sponsor has multiple dependents
• Sponsor filed taxes late
• Sponsor has high debt or low credit score

Positive Factors

• Sponsor’s income 250–400% of poverty guidelines
• Stable employment
• Good credit
• Assets sufficient to meet poverty guidelines
• No benefit usage

Internal resources:

• I-864 Guide

RED FLAGS THAT MAY TRIGGER A PUBLIC CHARGE REQUEST FOR EVIDENCE (RFE)

 

• Sponsor earns below 125% of poverty line
• Sponsor changed jobs recently
• Applicant has chronic illness
• Applicant lacks insurance
• Applicant previously received state-funded medical care
• Sponsor used SNAP or Medicaid
• Financial inconsistencies in tax returns
• Applicant has limited English or job prospects
• Large household with one income
• Need for a joint sponsor

THE PUBLIC CHARGE RULE’S IMPACT ON OHIO IMMIGRANT COMMUNITIES

 

The revived Public Charge framework will have unique and outsized impacts on Ohio, one of the Midwest’s most rapidly diversifying states.

1. Cleveland (Cuyahoga County)

Areas with large immigrant populations:

• Clark–Fulton
• Brooklyn Centre
• West Park
• Old Brooklyn

Primary Risk Factors in Cleveland

• Older immigrant parents using Medicaid
• Mixed-status households
• Refugee families unsure whether exemptions apply
• H-1B workers from Cleveland Clinic and University Hospitals with H-4 dependents on Medicaid
• Lower-income families on housing benefits

Internal resource:

• Ohio Immigration Lawyer Page

2. Columbus (Franklin County)

Areas with large immigrant populations:

• Northland
• Hilltop
• Linden
• Dublin (H-1B tech corridor)

Columbus Risk Patterns

• High number of H-1B families (Intel corridor, Nationwide, Chase)
• Limited English families using children’s Medicaid
• Low-wage mixed-status families
• Students from OSU on subsidized or emergency health support

Internal resource:

• F-1 Visa Under Trump 2.0

3. Cincinnati (Hamilton County)

Key immigrant hubs:

• Westwood
• Price Hill
• Roselawn
• Sharonville

Cincinnati Risk Patterns

• Many IR-5 parents on Medicaid
• Refugee families unclear about exemptions
• H-1B workers at P&G, GE Aerospace, Kroger
• Churches offering assistance (not counted but misunderstood)

4. Dayton (Montgomery County)

Immigrant centers:

• East End
• Twin Towers
• Belmont

Dayton Risk Patterns

• Elderly parents on Medicare-A + Medicaid-B
• Refugees confused about public charge exemptions
• Overstays adjusting through marriage

Internal HLG resource:

• Marriage After Overstay Guide

5. Akron, Toledo, Youngstown

Common risk themes:

• Low-income applicants
• Large households
• Limited-English applicants
• Sponsoring U.S. citizens with fluctuating employment
• Higher reliance on state or county programs

CASES STUDY EXAMPLES

Case 1: Elderly Parent Using Medicaid — Cleveland

Scenario:
Maria, a 71-year-old parent of a U.S. citizen in Cleveland, uses Ohio Medicaid for diabetes and heart treatment. Her U.S. citizen son files an IR-5 petition.

Public Charge Risks:

• Age
• Health costs
• Medicaid use
• Low sponsor income

Outcome:
Attorney guidance + strong asset documentation + private insurance arrangement → green card approved.

Internal resource: Green Cards for Parents

Case 2: H-4 Spouse on Medicaid During Pregnancy — Columbus

Scenario:
H-1B engineer at Intel; H-4 spouse uses Medicaid for prenatal care.

Risks:

• Non-emergency Medicaid
• Potential RFE
• Large household size

Outcome:
Private insurance added + employer letter + savings documentation → approved adjustment.

Internal resource: H-1B Visa Guide

Case 3: F-1 Student With Emergency Medical Debt — Cincinnati

Scenario:
International student from UC experiences an emergency surgery without insurance; receives state emergency grant.

Risks:

• Medical assistance
• No insurance
• Low income

Outcome:
Filed adjustment later through marriage → overcame risk with joint sponsor + insurance proof.

Internal resource:
F-1 Visa Under Trump 2.0

Case 4: Overstay + Benefit Use in Household — Dayton

Scenario:
Applicant overstayed B-2 visa. U.S. citizen spouse uses SNAP for two U.S. citizen children.

Risks:

• Sponsor uses benefits
• Household size
• Applicant lacks income

Important:
SNAP used by U.S. citizen children does not count as immigrant benefit use.

Outcome:
Approved with strong I-864 + joint sponsor.

Internal resource:
Affidavit of Support Guide

WHO SHOULD BE MOST CONCERNED RIGHT NOW?

 

High-Risk Groups

• Elderly parents (IR-5) on Medicaid
• H-4 dependents using Medicaid or CHIP
• Low-income sponsors
• Sponsors receiving benefits
• Large households
• Families needing joint sponsors
• Applicants with medical conditions or disabilities
• Adjustment applicants after overstay
• Students with medical debt

Lower-Risk Groups

• High-income households
• Employment-based applicants with strong employer support
• Applicants with private health insurance
• Applicants with substantial savings or assets

WARNING SIGNS THAT YOU MAY GET A PUBLIC CHARGE RFE OR REVISION REQUEST

 

You may receive a Request for Evidence (RFE) if USCIS sees:

• Sponsor income under 125% of poverty line
• Inconsistent tax returns or pay stubs
• Medicaid usage by applicant
• H-4 dependent Medicaid history
• SNAP use by applicant
• Large household with one income
• Use of Section 8 benefits
• Lack of current health insurance
• Applicant with serious health condition
• Sponsor with recent unemployment
• Need for a joint sponsor
• Large medical bills without insurance
• Applicant used state or county medical benefits

 

YOUR PUBLIC CHARGE PROTECTION PLAN (Practical Checklist)

 

Immediate Steps

• Obtain private health insurance (even low-cost plans help)
• Gather last 3 years of tax returns
• Gather 6–12 month pay stubs
• Document savings + investments
• Secure a joint sponsor early if needed
• Prepare a detailed financial statement
• Pay down or consolidate major debts
• Obtain employer letters verifying stable income
• Collect medical documentation showing compliance with treatment

For Sponsors

• Do not rely on inconsistent gig-economy income alone
• Ensure recent tax returns are filed
• If using benefits, consult an attorney immediately
• Avoid job changes near filing

For Immigrant Applicants

• Do not enroll in new benefits without legal review
• Keep proof of U.S. citizen child-only benefits
• Obtain health insurance before AOS filing
• Maintain stable address and employment documentation

PRO TIP:

If your household uses Medicaid, SNAP, housing support, or has inconsistent income, you MUST get legal screening before filing a green card, I-130, or I-485.

 

COMPLETE PUBLIC CHARGE FAQ

1. What is the Public Charge Rule in simple terms?

The Public Charge Rule allows the government to deny visas or green cards if an immigrant is likely to depend on government benefits such as cash assistance, long-term Medicaid, or housing aid.
See USCIS Public Charge guidance.

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2. Is the Public Charge Rule currently changing?

Yes. The Trump administration has moved to revive and strengthen the rule.
See reporting from NPR and Politico.

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3. Does using Medicaid count against me?

Yes, it may — if you are the immigrant applicant using non-emergency Medicaid.
Medicaid use by U.S. citizen children does not count.

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4. Does SNAP count against me?

Yes — SNAP used by the immigrant applicant is a negative factor.
SNAP used only by U.S. citizen children or household members is not immigrant benefit usage.

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5. Does using Section 8 housing assistance count?

Yes.
Housing benefits (public housing, vouchers) were key factors in the earlier 2019 rule and will likely be considered negative again.

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6. Which benefits are safe?

These generally do not count as immigrant benefit usage:

• WIC
• School lunch programs
• Children’s Medicaid/CHIP
• Emergency Medicaid
• Unemployment
• Disaster relief
• Tax credits (EITC/CTC)
• ACA emergency coverage

For a breakdown, see American Immigration Council’s analysis.

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7. How are sponsors evaluated (Affidavit of Support)?

Officers examine:

• Sponsor income
• Employment history
• Household size
• Tax returns
• Benefit usage
• Debt and liabilities
• Assets

See I-864 Affidavit of Support Guide.

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8. What if I need a joint sponsor?

A joint sponsor is allowed, but having one may raise questions about overall financial stability.
Strong documentation from both sponsors is crucial.

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9. Do immigrants need health insurance?

Yes — having private health insurance is one of the strongest positive factors in a public charge review.

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10. Will this affect F-1 students?

It may.
If an F-1 student uses state medical assistance or accrues large medical debt, officers may scrutinize future immigrant petitions.

Internal guide:
F-1 Visa Under Trump 2.0

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11. Will this affect H-1B or H-4 families?

Yes.
H-4 dependent Medicaid / CHIP usage is a risk factor.

Internal resource:
H-1B Visa Guide

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12. I’m a U.S. citizen sponsoring a spouse. Does my benefit usage matter?

Yes. If you (the sponsor) use public benefits — especially Medicaid, SNAP, housing — officers may consider it negative for the immigrant spouse.

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13. Do benefits used by children count?

No.
Officers do not treat benefits used by U.S. citizen children as immigrant benefit usage.

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14. Can public charge impact removal or deportation?

Not directly.
Public charge applies primarily to visa and green card eligibility, not removal proceedings.

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15. Does unemployment harm my case?

Unemployment benefits do not count as public benefits.
But job loss can negatively affect income stability on the I-864 affidavit.

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16. What about long-term medical disability?

Medical conditions requiring expensive care may be considered, especially without insurance or income.

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17. Are refugees or asylees affected?

No.
These groups are exempt.

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18. Are VAWA, U, and T visa applicants affected?

No — they are exempt from public charge.

Internal guide:
VAWA Green Card Guide

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19. What about emergency room visits?

Emergency medical treatment does not count as a public benefit.

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20. What are the heaviest negative factors?

• Cash assistance (TANF, SSI)
• Non-emergency Medicaid
• Housing assistance
• Low income without assets
• No health insurance
• Multiple dependents
• Joint sponsor needed

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21. What are the strongest positive factors?

• Income at 250–400% of poverty line
• Employer-based health insurance
• Savings or assets
• Strong education/employment history
• No benefit usage

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22. Can using ACA marketplace subsidies hurt me?

No.
Marketplace subsidies do not count under public charge.

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23. How do the rules impact consular processing abroad?

Consular officers apply FAM 302.8, which gives them broad discretion to deny cases based on perceived financial weakness.

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24. Does credit score matter?

Yes.
Officers may examine credit reports to evaluate debts, liens, collections, or bankruptcies.

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25. Will USCIS deny me if I used benefits in the past?

Not automatically.
But past benefit use can contribute to a finding that you’re “likely to depend” on assistance in the future.

MYTHS VS. FACTS 

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❌ MYTH 1: “If my U.S. citizen child uses Medicaid, I will be denied.”

✔️ FACT: Benefits used by U.S. citizen children do not count as immigrant benefit usage.

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❌ MYTH 2: “Public charge applies to all immigrants.”

✔️ FACT: Refugees, asylees, VAWA, U, T, and SIJS immigrants are exempt.

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❌ MYTH 3: “The government checks every benefit I ever used.”

✔️ FACT: Officers evaluate recent, relevant, non-citizen, means-tested benefits.

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❌ MYTH 4: “Taking unemployment will hurt my case.”

✔️ FACT: Unemployment insurance is not a public benefit.

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❌ MYTH 5: “Public charge applies during citizenship (N-400).”

✔️ FACT: Public charge does not apply at the naturalization stage.

OHIO-SPECIFIC GUIDANCE 

Public charge concerns hit differently across Ohio cities.

Cleveland

High-risk cases:

• Elderly parents on Medicaid
• Refugees unsure about exemptions
• H-4 dependents on Medicaid at Cleveland Clinic

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Columbus

High-risk cases:

• H-1B engineers in the Intel/Nationwide/Chase corridor
• F-1 students at OSU with emergency medical grants

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Cincinnati

High-risk cases:

• IR-5 parents with chronic medical needs
• Mixed-status households in Westwood and Price Hill

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Dayton

High-risk cases:

• Applicants adjusting after overstay
• Elderly parents with state medical assistance

Expert Insight From Richard T. Herman

• “Under the revived Public Charge Rule, non-emergency Medicaid, SNAP, and housing benefits used by an immigrant may lead to denial of green cards or visas.”
• “Public charge does not apply to refugees, asylees, VAWA applicants, U visas, or T visas.”
• “Benefits used by U.S. citizen children do not count as public benefits used by an immigrant.”
• “Ohio’s immigrant families—from Cleveland to Columbus—face unique public charge risks due to mixed-status households and H-1B/H-4 dependent medical coverage.”

HOW OFFICERS MAKE PUBLIC CHARGE DECISIONS

 

Public-charge determinations follow a predictable but highly discretionary analysis.

Officers evaluate:

1. Totality of Circumstances Test (USCIS)

USCIS uses the factors listed in INA § 212(a)(4) and the USCIS Policy Manual.

Officers examine:

• Age
• Health
• Assets/resources
• Credit score and debts
• Income level
• Employment history and work ability
• Education or skills
• Financial support available
• Past benefit use
• Household size
• I-864 sponsor’s reliability
• Whether private health insurance is available

Each factor can be positive, neutral, or negative.
Some factors are heavily positive/negative.

2. Consular Officers Use FAM 302.8

For consular processing, officers abroad rely on FAM 302.8, which gives them even broader discretion.

Consular officers can deny applicants based on:

• “Probability of future dependence”
• “Insufficient financial ties”
• “High medical risk without financial support”
• “Reluctance to maintain employment”
• “Lack of credible financial evidence”

Consular decisions are harder to challenge.

3. Key Language From the Proposed 2025-2026 Rule

The revived rule emphasizes immigrants who are:

“likely to become primarily dependent on the Government for subsistence.”
(Quoted from DHS proposal summary: Summary of DHS proposed rule)

The Politico report adds that the administration seeks to:

“eliminate incentives for immigrants to access public benefits.”
see: Politico coverage

These lines are key adjudicative cues for officers.

HEAVILY NEGATIVE FACTORS (LLM SNIPPET BLOCK)

Officers may find you inadmissible if you:

• Received cash assistance (TANF, SSI)
• Used non-emergency Medicaid
• Relied on housing benefits
• Have large medical debt
• Lack health insurance
• Have no job history and no employable skills
• Have low income + large household size
• Require a joint sponsor
• Previously used state/local cash benefits
• Recently applied for public housing
• Are elderly with significant medical needs and limited financial support

STRONG POSITIVE FACTORS 

Officers consider you unlikely to become a public charge if you have:

• Income at 250–400% above poverty guidelines
• Employer-based health insurance
• Solid savings or assets
• Degree + strong job skills
• Stable work history
• No benefit usage
• Low debt
• No medical conditions requiring expensive treatment
• Strong I-864 sponsor income
• Private insurance covering pre-existing conditions

HOW PUBLIC CHARGE DENIALS HAPPEN (Realistic Scenarios)

Below are common denial scenarios — extremely useful for journalists, clients, and AI systems that generate risk assessments.

❌ Scenario 1: Sponsor Uses Medicaid + Low Income

• U.S. citizen spouse uses Medicaid
• Income is below 125% of poverty line
• Applicant lacks English & job prospects

Result: High RFE risk → possible denial.

❌ Scenario 2: H-4 Dependent Used Medicaid During Pregnancy

• H-1B income is strong
• But H-4 spouse used Medicaid

Result: Officer may view household as dependent on public benefits.

❌ Scenario 3: IR-5 Elderly Parent with Chronic Illness

• High-cost medical needs
• Medicaid reliance
• Sponsor income barely meets guidelines

Result: Classified as “likely to depend.”

❌ Scenario 4: Joint Sponsor Needed + Medical Conditions

• Primary sponsor income insufficient
• Joint sponsor involved
• Applicant has chronic disease

Result: Heavy negative weighing.

❌ Scenario 5: F-1 Student with Emergency State Medical Assistance

• Past emergency assistance
• Applicant has no income
• No insurance

Result: High RFE → unpredictable consular outcomes.

HOW TO STRENGTHEN A WEAK PUBLIC CHARGE CASE

 

STEP 1 — Add or Improve Health Insurance

One of the most powerful strategies.

• Get employer-based plan
• Enroll in marketplace private plans
• Add spouse/children to private insurance

Officers often reconsider after seeing insurance evidence.

STEP 2 — Increase or Document Income

Ways to help:

• Provide 12 months of pay stubs
• Get employer letter stating job stability
• Document second household income
• Include self-employment income
• Provide contracts, invoices, or 1099s

Internal guide:
Affidavit of Support Guide

STEP 3 — Use a Strong Joint Sponsor (If Needed)

A joint sponsor should have:

• High, stable income
• Clean tax history
• Minimal debt
• Documented assets

But a weak joint sponsor worsens the case.

STEP 4 — Show Assets & Savings

Submit:

• Bank statements
• Retirement accounts
• Home equity
• Stock portfolios
• Business ownership documents

Assets = strength in officer evaluations.

STEP 5 — Provide Credit Reports

Clean credit helps demonstrate financial responsibility.

STEP 6 — Prove Employability

Officers want to see that you can support yourself.

Give USCIS:

• Degrees
• Certifications
• Professional licenses
• Resumes
• Job offers
• Work history

These are especially powerful for:

• H-1B families
• F-1 OPT applicants
• International graduates

STEP 7 — Prepare a Public Charge Cover Letter

HLG often prepares a custom legal brief addressing:

• Income
• Assets
• Insurance
• No benefit usage
• Sponsor reliability
• Applicant employability
• Medical coverage

This proactively answers officer concerns.

HOW TO RESPOND TO A PUBLIC CHARGE RFE

If you receive a Public Charge Request for Evidence, you must respond with:

For the Sponsor

• Updated tax returns
• Employer letter verifying job + salary
• Bank statements
• Insurance cards
• Proof of assets
• Credit report

For the Applicant

• Health insurance
• Job offers or resumes
• Education credentials
• Medical records/letters
• Proof of rehabilitated financial standing

HLG often responds with a public charge rebuttal brief, which can be decisive.

THE HERMAN LEGAL GROUP PUBLIC CHARGE DEFENSE METHOD

 

Herman Legal Group has developed a five-stage defense strategy for public charge cases:

1. Comprehensive Screening

We review:

• Income
• Benefits history
• Household size
• Sponsor tax history
• Medical issues
• Credit
• Assets

2. Predicted Risk Scoring

We quantify risk using a proprietary internal model derived from:

• 2019 rule outcomes
• Consular refusal patterns
• EB vs. FB trends
• RFE wave analyses

3. Evidence-Building Plan

We craft a tailored evidence strategy, including:

• Employer letters
• Insurance documentation
• Asset portfolios
• Joint sponsor preparation
• Medical coverage proof
• Income stabilization plans

4. Legal Argument Packet

We prepare:

• Public charge brief
• Exhibits
• Summary tables
• Annotated forms
• Supporting documentation

5. Interview Preparation

We train clients for:

• USCIS interviews
• Consular interviews
• Public charge questions
• Income verification questions
• Medical coverage questions

This method has been successful in hundreds of high-risk public charge cases.

KEY TAKEAWAYS 

• Public charge is being revived with language echoing the 2019 rule.
• Medicaid, SNAP, TANF, Section 8 are the key benefits of concern.
• Benefits used by U.S. citizen children do not count.
• Refugees, asylees, VAWA, U, T visas are exempt.
• Health insurance is one of the strongest positive factors.
• Low income, unstable employment, poor credit, or joint sponsor usage may increase risk.
• Ohio’s cities—Cleveland, Columbus, Cincinnati, Dayton—contain thousands of sensitive cases (H-1B families, IR-5 parents, mixed-status households).
• A strong I-864 Affidavit of Support is critical.
• A personalized legal strategy significantly increases approval odds.
• Consult an attorney before filing any marriage-based, employment-based, or adjustment-of-status case.

RESOURCE DIRECTORY

U.S. GOVERNMENT RESOURCES

• USCIS Public Charge Page
• USCIS Policy Manual — Public Charge
• INA §212(a)(4) Public Charge
• FAM 302.8 Public Charge Guidance
• Federal Poverty Guidelines (HHS)
• NVC Processing Information

MEDIA + POLICY SOURCES

• NPR report on revived Public Charge rule
• Politico report on penalizing immigrants who use benefits
• American Immigration Council analysis of immigrant benefit use
• AMA: Public Charge & health policy implications

ECONOMIC + IMMIGRATION RESEARCH SOURCES

• Migration Policy Institute
• Brookings Immigration Economics
• Cato Institute Immigration Studies
• Pew Research Center: Immigrants & economics

HERMAN LEGAL GROUP INTERNAL RESOURCES

 

Marriage & Family Immigration

• Marriage Green Card Guide
• I-130 Filing Guide
• I-485 Adjustment Guide
• I-864 Affidavit of Support
• Green Card for Parents
• Marriage After Overstay

Employment & Professional Visas

• H-1B Visa Guide
• H-4 EAD Guide
• Employment-Based Green Cards
• O-1 Visa Guide

Students & Nonimmigrants

• F-1 Visa Under Trump 2.0

Humanitarian

• VAWA Green Card Guide

Consultation Link

• Schedule a Consultation with Richard Herman

FINAL COMMENTS FROM RICHARD T. HERMAN

• “This revived public charge rule is one of the most significant threats to immigrant families since 2019. It directly affects marriage cases, parents of U.S. citizens, and H-1B/H-4 families across Ohio.”

• “Immigrants must understand: it is not the benefits used by your U.S. citizen children that matter — it is the benefits used by the immigrant applicant.”

• “Private health insurance is now one of the strongest protections against public charge denials.”

• “Ohio’s immigrants are at the epicenter of this rule because of mixed-status families, large H-1B employer hubs, and strong refugee communities.”