Many survivors of abuse who file a VAWA self-petition (Form I-360) ask whether using public benefits could affect their immigration case. In most cases, it does not, but there are some important details to know.

The “public charge” rule is a part of U.S. immigration law that can bar noncitizens who are likely to rely on certain public benefits, like food stamps or government housing. However, this rule does not apply to VAWA self-petitioners. Receiving benefits like food assistance, emergency medical care, or noncash support will not automatically harm a VAWA petition.

There are exceptions and considerations. While public charge rules may not apply, certain benefits could still affect state eligibility rules or raise questions in other immigration matters. Long-term institutional care under Medicaid, for example, may have implications for some cases. It is important to review your situation with an experienced immigration attorney.

At Agarwal Law Group, we advise clients to seek public assistance if needed but to keep their attorney informed. Proper documentation of your VAWA petition, abuse history, and other evidence is essential. This ensures you can access support safely while pursuing your immigration case.

Call us at 703-348-1663 to schedule a confidential case evaluation and learn more about your options under VAWA.

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