Public charge in 2026: BadgerCare, FoodShare, and your green card
Many Wisconsin families ask the same question: "If I use BadgerCare or FoodShare, will they deny my green card?" The answer changed on September 18, 2026, when a new federal rule on public charge took effect. This article explains in plain language what changed and what did not.
What "public charge" means
Immigration law allows the government to deny permanent residence (the green card) if it concludes the person is likely to become primarily dependent on the government for support in the future. That is what "public charge" means.
To decide, the USCIS officer looks at the person's whole situation. The law lists five minimum factors:
- Age.
- Health.
- Family status.
- Assets, resources, and financial status.
- Education and job skills.
In most family cases, a sponsor must also sign an Affidavit of Support (Form I-864).
What changed on September 18, 2026
The Department of Homeland Security (DHS) rescinded the narrower 2022 rules. Now:
- It applies to green card applications (Form I-485) postmarked or filed online on or after September 18, 2026.
- Benefits received before September 18, 2026: USCIS considers only cash assistance for income maintenance (for example, Wisconsin's W-2 program or SSI) and long-term institutional care paid by the government. That was the earlier rule.
- Benefits received on or after September 18, 2026: USCIS may consider any means-tested public benefit. That can include programs such as BadgerCare Plus (Medicaid) or FoodShare (SNAP).
- The officer has more discretion. In family cases the I-864 is still required, but the officer weighs it with the other factors; it does not decide the case by itself.
An important point: receiving a benefit does not automatically mean your green card will be denied. It is one factor, alongside work, health, family, and resources.
Pending lawsuits. Since September 14, 2026, more than 20 states (including Wisconsin), New York City, and community organizations have sued in federal court in New York to set aside the new rule. As of the date of this article no judge has paused the rule, so USCIS is still applying it. If a court blocks it, we will update this page.
Who public charge does NOT apply to
Public charge does not apply to many people, including:
- Refugees and asylees.
- Young people with Special Immigrant Juvenile Status (SIJS).
- Trafficking victims (T visa) and victims of certain crimes (U visa).
- VAWA self-petitioners.
It is also not part of the test for citizenship (naturalization) or for renewing a green card you already have. Some special situations, such as long trips abroad, can change this. Ask if that is your case.
Should I cancel my children's benefits?
Do not make that decision out of fear and without advice. Your U.S. citizen children have their own rights to health and food programs. Cancelling health coverage or food assistance can hurt your family, and it does not always help your immigration case.
The new USCIS guidance is recent and leaves many decisions to the officer's judgment. That is why each family should review its own situation: who receives the benefit, since when, what the immigration category is, and when the application will be filed.
What you can do today
- Make a list of each benefit you receive, with the start date. Separate the ones you receive from the ones your children or other relatives receive.
- Keep the letters approving or ending each program.
- Gather proof of stability: pay stubs, employment letters, tax returns, private health insurance, savings, diplomas or certificates.
- Talk with your sponsor. The I-864 still matters, and a sponsor with steady income helps.
- Get advice before filing. When the application is filed and how the financial information is presented can matter.
If yours is a family petition, our Family petition and green card page explains how the process works.
Frequently asked questions
Does using BadgerCare stop me from getting a green card? Not automatically. Since September 18, 2026, USCIS may weigh it as one factor, together with your work, health, family, and resources.
What if I received benefits before September 18, 2026? For that period, USCIS considers only cash assistance and long-term institutional care, under the earlier rule.
Does this affect my citizenship application? Public charge is not part of the naturalization test. But the citizenship application has its own requirements, and it is worth reviewing before you file.
Does it affect people getting a visa at a consulate abroad? This article covers USCIS rules inside the United States. Consulates follow State Department rules, which also assess public charge. Ask about your case.
How Lugo Law LLC works
Attorney Javier Irizarry Lugo prepares family petitions and green card applications for families in Wisconsin. Before filing, he reviews the finances of the family and the sponsor, and any benefits received, so the case is presented completely and honestly.
Sources
- USCIS, alert on the new public charge guidance, August 18, 2026.
- State of New York v. DHS, No. 1:26-cv-07978 (S.D.N.Y., filed September 14, 2026).
- DHS, final rule "Public Charge Ground of Inadmissibility," Federal Register, July 20, 2026.
- Immigration and Nationality Act (INA) § 212(a)(4), 8 U.S.C. § 1182(a)(4).