Public Charge Changes Took Effect September 18, 2026: What Green Card Appplicants Need to Know

Major changes to the public charge policy took effect on September 18, 2026, changing how USCIS evaluates individuals applying for permanent residence in the United States.

The new policy gives immigration officers more discretion to consider government benefits and an individual’s circumstances when deciding whether someone is likely to become a public charge.

What Is Public Charge?

“Public charge” is a ground of inadmissibility used to determine whether a green card applicant is likely to rely on government assistance for support.

A public charge finding can affect whether an applicant is allowed to obtain permanent residence or enter the United States.

What Changed on September 18, 2026?

The federal government rescinded the 2022 DHS public charge rule and replaced the way USCIS evaluates green card applications with new agency guidance.

The change became effective September 18, 2026.

Under the new policy:

USCIS may consider a broader range of government-funded benefits.
Immigration officers have greater discretion when reviewing an applicant’s circumstances.
Means-tested benefits which are programs generally available based on income or financial need may now be considered.
The government may also consider a wider range of financial circumstances to evaluate whether an applicant is likely to become a public charge.

Receiving a public benefit does not automatically mean that someone will be denied a green card on public charge grounds. The determination depends on the person’s particular immigration case and circumstances.

Which Applications Are Covered by the New Policy?

The new USCIS public charge policy only applies to green card applications postmarked or filed online on or after September 18^th.

If your adjustment-of-status application was filed with USCIS before September 18, 2026, your case remains subject to the prior 2022 policy.

What Benefits May Be Considered Now?

Under the new policy, USCIS may consider a person’s application for, approval to receive, or receipt of any means-tested public benefit as part of the overall public charge determination. DHS states that this can include both federal programs and means-tested benefits provided by state, local, tribal, or territorial governments.

Examples specifically identified by DHS include:

Medicaid;
the Children’s Health Insurance Program (CHIP);
SNAP food assistance;
housing assistance; and
other means-tested public benefits.

Unlike the 2022 rule, the new policy does not limit USCIS to a narrow list of specified benefits. DHS has said that previously excluded means-tested benefits may now be considered if the applicant applied for, was approved or certified to receive, or received them on or after the rule’s effective date.

Receiving a benefit by itself does not automatically make someone inadmissible. USCIS considers benefit use as one factor in the totality of the circumstances, including factors such as how recently and for how long the benefit was received, the amount involved when applicable, and the circumstances surrounding its receipt.

What About Benefits Received Before September 18?

Benefits received before September 18, 2026, generally will not be evaluated under the new policy, although benefits that were already relevant under the prior public charge rules may continue to be considered.

Who Is NOT Subject to the Public Charge Test?

The new public charge rule does not apply to:

U.S. citizens;
refugees and asylees;
U visa holders or applicants;
T visa holders or applicants;
certain VAWA applicants;
Special Immigrant Juveniles; and
several other protected immigration categories.

The Bottom Line

The September 18, 2026, changes expand the types of public benefits USCIS may consider in certain public charge determinations.

Key points:

The new policy generally applies to Form I-485 applications filed on or after September 18, 2026.
Cases filed before that date generally remain subject to the prior 2022 policy.
USCIS may consider a broader range of means-tested public benefits.
The public charge test does not apply to everyone.
Receiving public benefits does not automatically lead to a denial.
USCIS looks at the applicant’s overall circumstances, not just benefit use.

Importantly, the new public charge policy is facing multiple federal lawsuits from states, local governments, and immigrant-rights organizations. However, as of October 2026, the policy remains in effect while the litigation continues.

Because public charge rules can change, anyone who may be affected should speak with a qualified immigration attorney or accredited representative before making decisions about benefits or an immigration case.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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