Public Charge Rules Are Changing Effective September 18th: What Green Card Applicants Should Know

The Department of Homeland Security (DHS) has announced that it is rescinding the public charge regulation that has been in place since December 2022.

The change will take effect on September 18, 2026. Until then, the current 2022 rule remains in effect.

What Is the Public Charge Rule?

The public charge rule allows immigration officers to consider whether certain applicants are likely to become financially dependent on the government in the future.

The rule generally applies to:

Certain people applying for a green card from inside the United States;
Certain people applying for an immigrant visa at a U.S. embassy or consulate; and
Some nonimmigrants in limited circumstances.

A public charge finding may result in the denial of an immigration application.

What Is Changing?

DHS is removing the detailed public charge standards established by the 2022 rule.

The government is not replacing the 2022 rule with another detailed regulation. Instead, USCIS will rely on:

The Immigration and Nationality Act;
New USCIS policy guidance;
The applicant’s individual circumstances; and
The immigration officer’s discretion.

This means USCIS officers may have more flexibility when deciding whether an applicant is likely to become a public charge.

When Does the Change Take Effect?

The new policy will take effect on September 18, 2026.

According to the government’s announcement:

Applications filed before September 18, 2026, will generally be reviewed under the 2022 rule.
Applications filed on or after September 18, 2026, will be reviewed under the new public charge framework.
USCIS will issue a revised version of Form I-485 for applicants filing on or after the effective date.

Applicants should always confirm that they are using the correct edition of Form I-485 before filing.

What Will USCIS Consider?

USCIS will look at the applicant’s overall situation. This is called the totality of the circumstances test.

Officers may consider factors such as:

Age;
Health;
Family and household circumstances;
Income and financial condition;
Assets and other resources;
Education;
Employment history;
Job skills;
Receipt of certain means-tested public benefits; and
Other facts related to the applicant’s ability to support themselves.

The government has indicated that officers may consider a broader range of benefits, including certain noncash benefits that were not considered under the 2022 rule. However, USCIS must still review the entire case rather than base its decision on only one factor.

Does Receiving a Public Benefit Automatically Cause a Denial?

No. Receiving a public benefit does not automatically mean that an immigration application will be denied.

USCIS must consider the applicant’s complete circumstances, including both positive and negative factors.

However, after September 18, 2026, officers may examine more types of public benefits and may have broader discretion when making their decisions.

What About Benefits Used by Family Members?

Benefits received by a family member are not necessarily treated as benefits received by the applicant.

For example, a benefit received by a U.S.-citizen child will not be treated as though the child’s immigrant parent received it.

Because every case is different, families should speak with a qualified immigration attorney before stopping medical, food, housing, or other necessary assistance.

What Should Applicants Do Now?

Applicants who may be subject to the public charge rule should begin preparing evidence of their financial stability.

Helpful documents may include:

Recent pay statements;
Tax returns;
Employment verification;
Bank statements;
Proof of assets;
Health insurance records;
Educational records;
Professional licenses or certificates;
Evidence of job skills; and
A properly completed Affidavit of Support, when required.

Applicants should also carefully review whether filing before or after September 18, 2026, may affect their case.

Do not rush to submit an incomplete application merely to file before the effective date.

Precautions for Consular Immigrant Visa Applicants

Applicants applying for an immigrant visa through a U.S. embassy or consulate are reviewed by the Department of State, not USCIS.

The Department of State uses separate public charge policies. Therefore, applicants planning to attend an immigrant visa interview outside the United States should seek legal advice before traveling.

The Bottom Line

Beginning September 18, 2026, USCIS will have broader discretion when deciding whether certain applicants are likely to become a public charge. Officers may consider more types of public benefits and will review each applicant’s overall financial and personal circumstances. Applicants filing on or after that date must also use the revised Form I-485.

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

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