Is WIC Considered Public Charge

WIC, the Special Supplemental Nutrition Program for Women, Infants, and Children, is a federally funded program that provides nutritional assistance to low-income pregnant women, postpartum women, and children under the age of 5. Public charge is a ground of inadmissibility in the United States immigration system, which means that a person who is likely to become a public charge may be denied admission or adjustment of status if they are applying for a green card. WIC is not considered a public charge under the immigration law, which means that using WIC will not negatively impact a person’s immigration status.

WIC Program Overview

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is a federally funded program administered by state and local agencies. WIC provides nutrition and health care services to low-income pregnant, postpartum, and breastfeeding women, and to infants and children under age 5 who are at nutritional risk.

• To be eligible for WIC, families must meet certain income guidelines and live in the United States.
• WIC provides a variety of services, including:
  • Supplemental food vouchers to buy nutritious foods, such as fruits, vegetables, whole grains, milk, and cheese
  • Nutrition education and counseling to help families make healthy choices
  • Breastfeeding support to help mothers breastfeed their babies
  • Referrals to other health and social services

Public Charge

Public charge is a term used by the United States government to describe a person who is likely to become a burden on the government by using public assistance programs. Being considered a public charge can have negative consequences for immigrants, such as making it more difficult to obtain a green card or US citizenship.

In 2019, the Trump administration issued a new rule that expanded the definition of public charge to include more people who receive certain public assistance programs, including WIC.

However, in 2021, the Biden administration issued a new rule that reversed the Trump-era public charge rule. Under the Biden rule, WIC is not considered a public charge program.

Public Assistance Rule Definition

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 defines public assistance as:

• Any assistance or benefits provided by the federal government, a state, or a political subdivision of a state to indigent individuals and families
• Does not include assistance provided under the Supplementary Nutrition Assistance Program (SNAP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), the Commodity Distribution Program, or the Food Distribution Program on Indian Reservations

Therefore, WIC is not considered public assistance under the PRWORA definition.

WIC’s Impact on Public Charge Status

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 defines a public charge as someone who is primarily dependent on the government for income and support. This can include people who receive certain types of public benefits, such as cash assistance, food stamps, and Medicaid.

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is a federal program that provides supplemental food, nutrition education, and breastfeeding support to low-income pregnant, postpartum, and breastfeeding women, and to children under the age of five. WIC is not considered a cash assistance program, and it does not count towards the public charge test.

Exceptions

There are two exceptions to this rule:

* If you are applying for a green card and have received WIC benefits for more than 12 months in the past 36 months, you may be considered a public charge.
* If you are applying for naturalization and have received WIC benefits for more than 12 months in the past 5 years, you may be considered a public charge.

In these cases, you may need to provide evidence that you are not likely to become a public charge in the future. This evidence may include proof of employment, income, or assets.

Table: WIC and Public Charge Status

| **Status** | **WIC considered public charge?** |
|—|—|
| Applying for a green card | No, except if received WIC for more than 12 months in the past 36 months |
| Applying for naturalization | No, except if received WIC for more than 12 months in the past 5 years |
| Receiving other public benefits | No |

Considerations for Non-Citizens Using WIC

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is a federal nutrition program that provides healthy food and nutrition education to low-income pregnant women, breastfeeding women, and children under 5. WIC is not considered a public charge under the current interpretation of the law. However, non-citizens should be aware of the following considerations when using WIC:

• Non-citizens must meet all other eligibility requirements for WIC, including income and residency requirements.
• Non-citizens may be asked to provide proof of identity and residency.
• Non-citizens may be asked to provide proof of income.
• Non-citizens who are undocumented may be asked to provide proof of a valid visa or other immigration status.

Non-citizens who are concerned about using WIC should contact their local WIC agency for more information.

Well, there you have it! We’ve explored the nitty-gritty of WIC and public charge. I hope this helped you clear up any confusion. If you still have questions, don’t hesitate to check out the official resources or talk to an immigration expert. And thanks for sticking with me until the end! If you enjoyed this little adventure into the world of government assistance, be sure to come back and say hi sometime. I always have more helpful tidbits to share. See you then!