Which public-charge rule applies to my green-card case in 2026?

As of early-to-mid 2026, USCIS applies the 2022 DHS public-charge rule, which uses the totality-of-circumstances test and counts only cash assistance for income maintenance and long-term institutional care. A broader rule was proposed in late 2025 but has not been finalized. Because this can change, confirm the current status before filing.

Will using Medicaid or SNAP hurt my green-card application?

Under the current rule, most Medicaid (except long-term institutional care), SNAP, WIC, CHIP, and housing assistance are not counted in the public-charge analysis. Benefits used by your U.S.-citizen children or other family members are not counted against you at all.

Which benefits actually count against me?

Only public cash assistance for income maintenance — such as SSI, TANF, and comparable state or local general-assistance cash — and long-term institutionalization at government expense are weighed against you under the current rule.

How does the I-864 Affidavit of Support fit in?

For most family-based applicants, a sufficient I-864 is the single strongest positive factor and largely answers the public-charge question. The sponsor generally must show income at or above 125% of the Federal Poverty Guidelines for the household size; verify the current figures on the USCIS I-864 page.

What if my sponsor's income is too low?

You can add a joint sponsor or a qualifying household member (Form I-864A), or use significant assets to supplement income. It is far better to arrange this before filing than to scramble after a Request for Evidence.

I am an asylee (or U/T/VAWA applicant) — does public charge apply to me?

Generally no. Many humanitarian categories are exempt from the public-charge ground by law and do not file an I-864 in the usual way. Confirm your specific exemption with an attorney so you do not do unnecessary work or carry unnecessary worry.

I used benefits in the past — is my case doomed?

Almost certainly not. Public charge is a forward-looking prediction, not a penalty for past use, and only a narrow set of benefits counts at all. Past use of excluded programs like SNAP or most Medicaid does not disqualify you.

How much is the initial consultation?

The initial strategy session is a paid consultation of $200 for 20 minutes, and that fee is credited toward your fee if you decide to retain the firm. In that focused session we review your facts, assess your public-charge risk under the current rule, and outline the documents you need. To schedule, call (305) 315-3425, email fitenkolaw@gmail.com, or use our contact page. Paying for dedicated attorney time means you leave with a clear plan rather than general information. This article is general information, not legal advice, and does not create an attorney-client relationship. Immigration law and public-charge policy change frequently; the framework described here reflects our understanding as of early-to-mid 2026 and should be confirmed for your specific situation. For advice on your case, speak with a licensed immigration attorney.

Public Charge in 2026: A Miami Green-Card Guide | Fitenko Law

Public charge in 2026 for Miami green-card applicants: which benefits count, the totality-of-circumstances test, and the I-864 link. Call (305) 315-3425.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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