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I am undocumented, do I qualify for public benefits?
Alexandra Fuxa Ramirez • November 11, 2022
The answer to this is: it depends! Eligibility criteria for public benefits varies among states. It is always important to check what the state you live in requires for someone to receive public benefits.
In the state of California, you might be eligible for public benefits depending on your immigration status. Public benefits may help you cover basic expenses like food, housing, and healthcare.
- What public benefits am I eligible for in California?
Immigrants who are California residents may qualify for in-state tuition at the University of California, California State Universities, and California Community Colleges if they have certain types of immigration status. Undocumented students may still qualify for in-state tuition in accordance with California Assembly Bill 540. University and College websites often have information and resources specifically for undocumented students. The campus admissions office may also be able to answer any additional questions you may have.
In California, emergency MediCal (California’s Medicaid program) is available to all individuals, regardless of immigration status. If you are undocumented and pregnant or just had a baby, you may be eligible for prenatal MediCal coverage and pregnancy-related coverage for up to one year.
Undocumented children and individuals who are 50 years or older may qualify for full-scope MediCal.
If you have applied for a U Visa, you may be eligible for full-scope MediCal, Cash Assistance (CalWORKs, GR, CAPI), and State Food Assistance Program (CalFresh).
If you have applied for a T Visa, you may be eligible for full-scope MediCal, Cash Assistance (CalWORKs, GR, CAPI), State Food Assistance Program (CalFresh), Federal Refugee Benefits, and Federal Financial Aid.
If you have applied for VAWA, you may be eligible for full-scope MediCal, Cash Assistance (CalWORKs, GR, CAPI), State Food Assistance Program (CalFresh), and Federal Financial Aid.
- Will receiving public benefits prevent me from getting a green card in the future?
Many people fear applying for public benefits because they do not want to be considered a public charge. “Public Charge” is a test to determine if someone applying for a green card or a visa to enter the United States is likely to depend on certain public benefits in the future. If someone is likely to be a public charge, their green card or visa application will be denied.
Public charge affects people who are applying for permanent residence through a U.S. citizen or permanent resident relative petition, or who are applying for a visa to enter the United States. Other immigration cases, like asylum, naturalization, or cancellation of removal in court are not affected by the public charge rule. Additionally, survivors of domestic violence, trafficking, and other serious crimes can receive public benefits without it harming their immigration status. However, it is extremely important to always tell the truth when applying for public benefits to avoid immigration or other related problems.
- Will receiving MediCal cause me to have problems with getting a green card in the future?
No – MediCal, CalFresh, housing programs, WIC, emergency and disaster relief, Head Start, and free and reduced-cost school meals are NOT part of the public charge test. This means receiving any of these benefits will not cause problems getting a green card in the future. Remember to always tell the truth when applying for public benefits to avoid immigration or other related problems.
- What about receiving COVID-19 related benefits? Will those cause issues with my green card application?
Not at all! Stimulus checks and tax credits are also not a part of the public charge test. COVID-19 public benefits relating to food, housing, cash assistance, rental assistance, tax credits, stimulus payments, unemployment, financial aid grants to students, Paycheck Protection Program, and student loan forbearance will NOT be considered for the public charge test. The government has stated that it will not consider COVID-19 testing, treatment, or preventive care, including vaccinations, as part of the public charge test. In fact, the government encourages everyone, regardless of immigration status, to receive the COVID-19 vaccine.
Please remember immigration laws and policies are constantly changing, so it is best to talk to an attorney if you have any questions before applying for public benefits.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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