A major change to the public charge standard will take effect on September 18, 2026. The rule may affect many people planning to apply for a green card from inside the United States.
The filing date matters. Adjustment applications properly postmarked or submitted online before September 18, accepted by U.S. Citizenship and Immigration Services, and still pending when the rule takes effect will generally remain subject to the current standards. Applications filed on or after September 18 will be reviewed under the new framework.
Receiving a government benefit does not automatically prevent someone from obtaining a green card. Benefits are one part of a broader review. Still, the new rule gives immigration officers more discretion and allows them to consider more information.
What Is the Public Charge Rule?
The public charge ground of inadmissibility allows the government to deny admission or adjustment of status to certain applicants who are considered likely at any time to become a public charge.
For people seeking a green card from inside the United States, USCIS usually addresses this issue while reviewing Form I-485, Application to Register Permanent Residence or Adjust Status. Several immigration categories are exempt.
Under the current rule, USCIS asks whether an applicant is likely to become primarily dependent on the government for subsistence. Officers consider age, health, family status, finances, education, skills, and any required Affidavit of Support.
What Is Changing on September 18, 2026?
The Department of Homeland Security is rescinding most of the detailed public charge regulations adopted in 2022. Those regulations define important terms, limit the benefits that officers may consider, and provide a more structured framework for reviewing a case.
Beginning September 18, USCIS officers will have broader authority to evaluate an applicant’s circumstances. DHS describes the new approach as an individualized, fact-specific review based on the totality of the circumstances.
This is not a replacement rule with another detailed checklist. DHS is removing many of the definitions and limits that currently guide officers. USCIS is expected to issue additional policy guidance by the effective date, but that guidance will inform officer decisions rather than require the same result in every case.
How Will the New Rule Differ From the Current Rule?
The current 2022 framework limits the benefits that may be considered primarily to public cash assistance for income maintenance and long-term institutionalization at government expense. It also supplies regulatory definitions that narrow officer discretion.
The September rule removes much of that structure. Officers will still consider the factors listed in immigration law, including:
- Age
- Health
- Family status
- Assets, resources, and financial status
- Education and skills
- A sufficient Affidavit of Support, when required
They may also consider employment, employment prospects, benefit receipt, and other information relevant to the applicant’s likelihood of becoming a public charge.
No single factor should decide the case by itself, except where a sufficient Affidavit of Support is legally required. Limited income or past benefit use may be balanced by employment, useful skills, insurance, family support, or assets.
Which Public Benefits Could USCIS Consider?
The new rule allows officers to consider means-tested public benefits received, applied for, or approved on or after September 18, 2026. A means-tested benefit is generally a program for which eligibility depends on income, assets, or financial need.
DHS has not placed a fixed list of benefits in the new regulation. The final rule states that previously excluded means-tested benefits may be considered, along with means-tested tax credits when relevant to the individual case. USCIS is expected to provide more guidance about how officers should identify and evaluate these programs.
Benefit use remains only one part of the full analysis. The amount received, the reason it was needed, the length of time it was received, and the applicant’s current financial condition may affect how much weight it carries.
The rule also does not direct USCIS to treat assistance received by a spouse, child, or other family member as a benefit received by the applicant. Household size and family obligations may still matter to the broader financial review.
Will Benefits Received Before September 18 Be Considered?
Benefits received only before September 18, 2026, will generally be treated under the current 2022 standards.
For that earlier period, USCIS will generally consider only Supplemental Security Income, Temporary Assistance for Needy Families, state or local cash assistance for income maintenance, and long-term institutionalization at government expense. Other means-tested benefits excluded under the 2022 rule generally will not become negative evidence solely because they were received before the new rule took effect.
The timing becomes more complicated when a benefit continues beyond September 18. If an applicant remains enrolled in or continues receiving a means-tested benefit on or after the effective date, USCIS may consider the portion of the benefit history that occurs under the new rule.
Applicants should keep records showing the type of benefit, who received it, the dates involved, and why it was provided. That information may be needed for the revised Form I-485.
Who Will Be Affected by the New Rule?
The change will be most visible to people filing Form I-485 to adjust status from inside the United States. Many family-based green card applicants are subject to the public charge ground, along with certain applicants in other immigration categories.
Not every immigrant is covered. Statutory exemptions remain in place. Refugees, asylees, certain applicants under the Violence Against Women Act, certain trafficking and crime victims, and several other humanitarian categories may be exempt. The public charge test also is not a separate requirement imposed when a lawful permanent resident later applies for naturalization.
What Happens to Form I-485 Applications Filed Before September 18?
An adjustment application will generally remain under the 2022 standards when it is properly postmarked or electronically submitted before September 18, accepted by USCIS, and still pending on the effective date.
The word “accepted” is critical. Mailing an application before the deadline does not protect the filing if USCIS rejects it for an incorrect fee, missing signature, outdated form, or another defect. If the applicant resubmits after September 18, USCIS will use the date of the application it actually accepts. The rejected filing does not preserve the earlier date.
Applicants trying to file before September 18 should confirm the fee, form edition, signatures, supporting documents, and filing address. A rejected package could place the case under the new standards.
Will Applicants Need a New Version of Form I-485?
USCIS is revising Form I-485 to reflect the new public charge framework. The revised form will request information about past or current receipt of means-tested public benefits and will include questions related to financial status, employment history, and benefit use.
Applicants filing on or after September 18 should confirm which edition USCIS requires on the date of filing. They should not rely on a form downloaded earlier without checking the edition date and instructions again.
The revised instructions are also expected to distinguish between benefits received before September 18 and benefits received on or after that date.
Should Someone File Before September 18?
For an applicant who is already eligible and able to submit a complete case, filing before September 18 may preserve review under the current public charge standards.
However, the deadline is not a reason to file an incomplete or inaccurate application. Depending on the case, the filing may require an immigrant petition, medical examination, sponsorship documents, identity records, supporting evidence, and the correct fees.
The important question is not simply whether an application can be mailed before September 18. It is whether a complete, approvable application can be properly filed before that date.
Should Applicants Stop Receiving Public Benefits?
The final rule does not require immigrants to stop receiving benefits, and benefit use does not automatically result in a public charge finding. Applicants should not cancel medical care, food assistance, housing support, or other services based only on a headline or general warning online.
At the same time, continued receipt of a means-tested benefit on or after September 18 may become part of the review for an applicant who is subject to the rule. USCIS may ask whether an applicant is still receiving a benefit when the record shows past receipt.
The effect depends on whether the applicant personally receives the benefit, whether the program is means-tested, when it was received, why it was needed, and what other evidence appears in the case. Before making changes, applicants should determine whether the public charge ground applies to their category and whether the particular benefit is likely to be relevant.
Preparing for the September 18 Public Charge Changes
Applicants who may file Form I-485 in the coming months should review the financial portion of the case now. Useful records may include employment history, income, assets, debts, health insurance, education, job skills, household size, sponsor documents, and the applicant’s own benefit history.
Any required Form I-864, Affidavit of Support Under Section 213A of the INA, deserves close attention. A missing or insufficient form can make an applicant inadmissible.
Past or current benefit use should be placed in context. A temporary period of assistance after a job loss, pregnancy, illness, or other setback may look different when records show stable employment, recovery, insurance coverage, family support, or improved finances.
Speak With an Immigration Attorney Before the Rule Takes Effect
September 18, 2026, may determine which public charge standards USCIS uses to decide an adjustment of status case.
Anyone preparing to apply should review eligibility, filing readiness, financial sponsorship, and benefit history before choosing a filing date. Applicants should also confirm that they are using the correct edition of Form I-485 and that the package is complete enough to be accepted by USCIS. Siri & Glimstad’s immigration attorneys can review how the new public charge rule may apply to a particular green card case, identify financial or filing concerns, and help applicants prepare for the September transition. A careful review before filing can reduce the risk of a rejected application or avoidable questions about the applicant’s financial circumstances. Contact us to learn more!
