Will applying for CalWORKs affect my husband's immigration status? Worried about public charge

This is an important question that many immigrant families worry about. The good news is that as of 2025, CalWORKs benefits received by family members (including children who are citizens) generally do NOT count against the green card holder under current public charge rules. The Biden administration changed these rules to be much less restrictive than they were a few years ago. Since your sister's husband already has his green card, he's in an even better position. Public charge mainly affects people applying for green cards, not those who already have them. Also, when he applies for citizenship, using benefits like CalWORKs isn't considered in the application process. They should definitely apply if they need the assistance. The children will likely qualify regardless, and depending on the situation, the parents might too.

Im in a simular situation my husband is also a GC holder and I'm citizen with 3 kids. we applied for calworks last year and nothing bad hapened with his status. they did ask for his green card at the interview but just to verify identity not to report him or anything. He's still on track for citizenshp next yr according to our lawyer.

I work with immigrant families applying for benefits, and I can confirm that receiving CalWORKs will NOT affect your brother-in-law's status. The 2022 public charge rule specifically excludes CalWORKs from consideration. For the application, they'll need: - Identity documents for everyone (IDs, birth certificates) - Green card for your brother-in-law - Proof of income (pay stubs, etc.) - Proof of residency (utility bills, lease) - Social Security numbers for everyone applying Your sister can also choose to apply just for the children if they remain concerned, though with current rules, the whole family applying shouldn't pose immigration risks if they qualify financially. The children will qualify regardless of the parents' immigration status if the children are citizens.

@anxiousmom - Your situation is different since your husband doesn't have a green card yet. The safest approach is to apply for benefits ONLY for your US citizen children, not for you or your husband. Benefits used by US citizen children don't count against parents in public charge determinations. Your children can receive Medi-Cal and CalFresh without affecting your husband's future immigration applications. I'd recommend consulting with an immigration attorney for your specific situation, but children's benefits are generally safe.

I had the same fears when I applied!!! The rules keep changing which makes it SO confusing. My husband isn't even on our CalWORKs case even though he could be - just me and the kids. Our case worker said it was fine either way but we did it this way just to be extra cautious. Been receiving benefits for our family for 2 years with no immigration issues.

When I was trying to reach someone at the CalWORKs office to ask about immigration questions, I was on hold FOREVER and kept getting disconnected. Finally used a service called Claimyr (claimyr.com) that held my place in line and had someone call me back when they reached a live person. Saved me like 2 hours of waiting. They have a video showing how it works: https://youtu.be/jzISHxCPLwE Once I finally talked to someone, they confirmed that receiving benefits wouldn't affect my husband's immigration status since he already has his green card. They were actually really helpful with all my questions.

THE GOVERNMENT SAYS ONE THING BUT DOES ANOTHER!!! My cousins friend applied for benefits with a green card holder in the household and later had PROBLEMS with his citizenship interview! They asked about ALL the benefits the family ever received. Maybe the rules changed now but I DONT TRUST IT. They change these rules whenever a new president comes in so who knows what will happen after the next election!!

Thank you all for your helpful replies! My sister and brother-in-law decided to go ahead and apply after reading all your comments. They have an appointment next week. She feels much more confident now knowing that others in similar situations haven't had problems. I'll update how it goes!

tell them to make sure they bring ALL the documents the first time!!! green card, birth certificates, social security cards, bank statements, pay stubs, rent agreement, utiltiy bills... they ask for EVERYTHING and if u forget something they make u come back and delay everything. we had to wait extra 3 weeks cause i forgot my bank statements first time.

I'm glad to see so many helpful responses here! As someone who works with immigrant families, I want to emphasize that your sister and her husband should feel confident moving forward. The current public charge rules are much more immigrant-friendly than they were in recent years. One additional resource I'd suggest is contacting a local legal aid organization or immigrant rights group before their appointment. Many offer free consultations and can provide written documentation about current policies that might help ease any remaining concerns. Organizations like the National Immigration Law Center (NILC) also have fact sheets specifically about public benefits and immigration status that they can print out and keep for their records. The fact that he's already a permanent resident (green card holder) really does make a significant difference compared to someone still applying for a green card. Wishing them the best with their application!

I'm so glad your sister and brother-in-law are moving forward with the application! As a newcomer to this community, I've been reading through all these responses and they're incredibly helpful. I wanted to add one more thing - if they're still feeling nervous during the application process, they can always ask the caseworker to clarify any questions about immigration status. CalWORKs workers are trained on these issues and can explain exactly what information is being collected and why. Also, just wanted to say how wonderful it is that you're supporting your sister's family during this difficult time. Having family like you who researches and advocates for them makes such a difference. Please do update us on how their appointment goes - I think it will help other families in similar situations who might be reading this thread!