4. Public Benefits Not Considered in the Totality of the Circumstances Test
Under current USCIS guidance, use of any services beyond cash aid for income maintenance and long-term
care is not considered by USCIS.34 The USCIS Fact Sheet on public charge confirms that past, current, or
future receipt of non-cash benefits and special-purpose cash benefits that are not intended for income
maintenance are not considered in the public charge determination. These benefits include:35
• Non-cash benefits (other than institutionalization for long-term care)
• Non-cash TANF benefits such as subsidized child care, transit subsidies
• Medicaid and other health insurance and health services (including public assistance for
immunizations and for testing and treatment of symptoms of communicable diseases;36 use of
health clinics, short-term rehabilitation services, and emergency medical services) other than
support for long-term institutional care
• Children’s Health Insurance Program (CHIP)
• Nutrition programs, including Food Stamps (SNAP), the Special Supplemental Nutrition Program for
Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and
other supplementary and emergency food assistance programs
• Housing benefits
• Child care services
• Energy assistance, such as the Low-Income Home Energy Assistance Program (LIHEAP)
• Emergency disaster relief
• Foster care and adoption assistance
• Educational assistance (such as attending public school), including benefits under the Head Start Act
and financial aid and grants for elementary, secondary, or higher education
• Job training programs
• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis
counseling and intervention, and short-term shelter)
• Prison, jail, incarceration costs
State and local programs that are similar to federal programs listed above are also generally not considered
for public charge purposes. A