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US Green Card Public Charge Rules Change September 18, 2026
The United States is changing how it reviews some Green Card applications.
The new guidance begins on September 18, 2026.
Immigration officers will look at whether an applicant might depend on government help in the future.
They may review the person’s age, health, family, money, education and job skills.
Certain benefits, such as cash assistance, housing aid and food stamps, may also be considered.
Getting one benefit alone usually will not automatically cause a denial.
However, not providing a required and sufficient Affidavit of Support can be decisive.
The updated review will apply to many family-based and work-based applicants, unless they are exempt.
USCIS will apply updated public charge guidance to Form I-485 applications filed on or after September 18, 2026.
Officers may assess applicants’ age, health, family circumstances, assets, financial resources, education and skills.
Means-tested benefits, cash assistance, housing aid, food stamps and certain financial aid may be considered.
No single factor can generally decide the assessment, except the absence of a required and sufficient Affidavit of Support.
The rule may affect many family-based and employment-based Green Card applicants, unless their immigration category is exempt.
- Who
- USCIS and immigration officers will assess certain people applying for permanent residence, including specified family-based and employment-based applicants.
- What
- USCIS is introducing updated public charge guidance for Green Card and adjustment-of-status applications.
- Where
- The assessment applies to applications for permanent residence in the United States.
- When
- The guidance takes effect on September 18, 2026, and applies to Form I-485 applications filed on or after that date.
- Why
- The update is intended to reflect Congress’s stated expectation that immigrants should be self-sufficient rather than dependent on government-funded benefits, following the rescission of the 2022 public charge regulations.
Key facts
- Effective date
- September 18, 2026
- Covered filing
- Form I-485 adjustment-of-status applications filed on or after the effective date
- Assessment factors
- Age, health, family circumstances, assets, financial resources, education and skills
- Potentially considered benefits
- Means-tested benefits, cash assistance, housing assistance, food stamps and certain financial aid
- Important limitation
- No single factor generally determines that an applicant is likely to become a public charge
- Exception
- The absence of a required and sufficient Affidavit of Support can independently determine the assessment
- Form change
- USCIS will no longer accept older versions of Form I-485 after the updated guidance applies
Sources
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