Dear fellow community members and readers of the Dallas Vietnamese Weekly,

In the last issue, Charlie reported two major changes: USCIS officers may now deny a case without sending a Request for Evidence (RFE), effective August 5, 2026, and the Public Charge framework has taken effect for green card applications filed on or after September 18, 2026. Receiving certain income-based benefits can now be weighed when applying for permanent residence, rather than being limited to just a few cash programs as before.

In Issue 2, Charlie would like to clarify these changes to head off misinterpretations or vague information that frighten families. Some people say that if you get food stamps, you can forget about naturalization. Others advise cutting off their children’s Medicaid so it will not hurt the parents’ case. Many online channels even say you cannot visit Vietnam, or that the sponsor will be sued. After reading all that, you may well feel that this directly affects many Vietnamese families today. So in this issue, Charlie explains how receiving benefits affects the citizenship test and application (Form N-400), and what a financial sponsor’s responsibilities are (Form I-864) when the person they sponsored applies for public benefits.

As most of you know, a green card holder who files Form N-400 for citizenship must have continuous residence, be able to communicate in English, have knowledge of civics under the law, and have good moral character. Because of that, the good moral character requirement is often wrongly assumed to be tied to public charge. That is a misunderstanding.

Public Charge is a ground used when reviewing someone who is applying for a green card, meaning an adjustment of status inside the United States or immigration through a consulate on a family petition. That rule does not apply to people who file Form N-400 for naturalization. So people who have held their green card long enough, who meet the residence requirement and have good moral character, can still apply for citizenship normally. A family that lawfully received food stamps (SNAP) or Medicaid will not be judged on that at this stage. The public charge rule is clearly defined in the statute: immigration officers shall not admit, and shall not grant a green card to, an applicant for permanent residence who has been, or is likely to become, a public charge.

Specifically, the process of reviewing Form N-400 and the naturalization test has no public charge test. So a person who received benefits while a permanent resident, if they received them lawfully, does not lose the right to apply for citizenship because of that. What immigration officers actually look at, and want to know, is whether the statements on your naturalization application match your real life. If you hide a criminal past, hide trips to Vietnam that were longer than the law allows, knowingly give a wrong residential address, deliberately leave tax debts unpaid without being able to explain why, or make false statements on earlier immigration filings, those things fall under good moral character and residence requirements.

The second common confusion concerns the financial sponsor when sponsoring a relative. The Affidavit of Support, Form I-864, is a contract between the sponsor who signs it and the U.S. government under Section 213A, made when sponsoring a relative to come to the United States and obtain a green card. For that reason, the I-864 is not a formality where you sign and then you are done once your relative arrives. The sponsor must support the sponsored immigrant so that their income is not below 125% of the Federal Poverty Guidelines. For the 48 contiguous states, including Texas, the figures effective March 1, 2026 are roughly as follows: about $27,000 or more per year for a household of two, and about $35,000 for a household of three. Each additional person adds roughly $7,100. The household is not just a husband and wife: it counts the sponsor, the sponsored immigrant, anyone claimed as a dependent on the tax return, and anyone else the sponsor is supporting under an I-864 that is still in effect. Many families miscount here and think their income is enough, until they find out too late. This financial support commitment does not end on its own when the sponsored couple divorces, or when the sponsored immigrant starts working and earns a lot. Above all, the sponsor cannot withdraw the commitment on their own. It should also be said that joint sponsors are jointly liable; the government can hold any one sponsor responsible for the sponsored immigrant’s support.

Can the sponsored immigrant apply for benefits? Until when? And does it affect the financial sponsor?

A sponsored immigrant is subject to the five-year bar after receiving the green card. Under it, permanent residents admitted through family sponsorship are restricted from benefits such as food stamps, cash assistance (TANF), non-emergency Medicaid, CHIP, and SSI (under the 1996 welfare law). However, they can still receive benefits such as emergency Medicaid, immunizations, school meals, and WIC for pregnant mothers. One notable point: if you are pregnant and give birth in the United States, Medicaid, WIC, and CHIP are applied for in the name of the baby, who is already a U.S. citizen, not in the name of the parents who hold green cards. So families in this situation should not cut off their child’s insurance and benefits because of a rumor online. Children who hold green cards like their parents are a different case. When applying for Medicaid for those children, the government will ask for information about the person who signed the I-864 and will add that person’s income to the application.

After the first five years, if the sponsored immigrant applies for public benefits, the Department of Health and Human Services (HHS) and the benefit agencies usually add the sponsor’s income and assets to the review. That calculation leaves many low-income people over the poverty limit and therefore ineligible for benefits. This counting of the sponsor’s income generally continues until the sponsored immigrant naturalizes or has earned forty Social Security credits (10 years). A few narrow exceptions, such as veterans or certain domestic violence cases, must be reviewed by an attorney case by case.

The financial support obligation truly ends when the sponsored immigrant becomes a citizen, or works enough to earn forty Social Security credits (10 years), or permanently leaves the United States and gives up permanent residence, or dies. While the support commitment is in effect, if the sponsored immigrant receives benefits, the government has the right to send the sponsor a letter demanding reimbursement. In practice, the government does not chase sponsors door to door every month, but it can pursue collection depending on the specific case.

So to answer the question above, you need to understand two factors: (1) when the person applies for public benefits, and (2) when the financial obligation ends.

The best path Charlie sees in many families who follow the law is this: the newly arrived person works, pays taxes, and builds Social Security credits. A family with a child who was born in the U.S. and is a U.S. citizen should keep that child’s insurance and benefits. And a person who has met the five-year requirement should apply for citizenship.

This article only helps you understand the law correctly. Every person’s situation is different, so you should consult an attorney for accurate information.

If you have questions, please send them to the newspaper or email [email protected]. Charlie is happy to receive your feedback.

Wishing you peace and steady footing on your settlement journey in the United States.

Charlie Nhan Tran, MBA

Sources

USCIS, Public Charge guidance PA-2026-09, effective 09/18/2026: https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination

NILC, Public Charge does not apply to green card holders applying for citizenship: https://www.nilc.org/resources/public-charge-frequently-asked-questions-for-immigration-advocates/

NILC, sponsored immigrants and benefits: https://www.nilc.org/resources/sponsored-immigrants-and-benefits/

Minimum household income requirements: https://www.uscis.gov/i-864p