2 weeks ago
US Broadens Green Card Public-Charge Rules September 18
The United States is changing how it decides whether some people can receive green cards.
The changes begin on September 18, 2026.
Immigration officers will look at a person’s age, health, family, money, education, work and skills.
They may also consider certain government benefits the person has received.
Benefits received after the start date can be considered more broadly than older benefits.
Officers must review each person’s whole situation instead of using just one fact.
A person who receives benefits will not automatically be denied a green card.
Some applicants may be allowed to pay a bond if the public-charge rule is the only reason for rejection.
USCIS issued guidance on how green-card applicants will be assessed under updated public-charge rules.
DHS’s rule rescinding the 2022 regulations takes effect September 18, 2026, for applicable Form I-485 filings.
Officers will weigh age, health, family circumstances, finances, education, employment and skills, along with sponsor support.
Means-tested benefits received on or after September 18 may be considered more broadly, but receiving benefits does not automatically cause denial.
Applicants found inadmissible solely on public-charge grounds may be invited to post a cash or surety bond.
- Who
- USCIS, DHS, and people applying to adjust their status to lawful permanent residents, including eligible employment-based applicants.
- What
- USCIS issued updated guidance broadening and clarifying public-charge assessments for certain green-card applications.
- Where
- The policy applies to U.S. immigration and adjustment-of-status decisions.
- When
- The rule takes effect September 18, 2026, and applies to applicable Form I-485 applications filed on or after that date.
- Why
- DHS says the rule is intended to ensure immigrants can support themselves through their own resources, family, sponsors or private organizations rather than relying on public benefits.
DHS and USCIS rationale
Concerns and potential effects
Broader officer discretion
DHS and USCIS rationale
DHS and USCIS say officers should assess each applicant’s total circumstances to determine whether the person is likely to become a public charge.
Concerns and potential effects
The new approach removes the detailed 2022 framework and gives officers greater discretion in case-by-case decisions.
Use of public benefits
DHS and USCIS rationale
DHS says applicants should be able to support themselves through personal resources, family, sponsors or private organizations rather than public resources.
Concerns and potential effects
The rule allows all means-tested benefits received on or after September 18 to be considered where relevant, although receiving benefits does not automatically lead to denial.
Financial burden of bonds
DHS and USCIS rationale
USCIS retains public-charge bonds as a way for eligible applicants to assure the government they will not become a public burden, potentially allowing approval.
Concerns and potential effects
Applicants invited to post a bond could face cash or surety requirements ranging from hundreds to thousands of dollars, and they cannot request the option unless USCIS invites them.
Key facts
- Issuing agencies
- U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services
- Effective date
- September 18, 2026
- Rule replaced
- The Biden administration’s 2022 public-charge regulations, along with prior related guidance including the 1999 Interim Field Guidance
- Applicants affected
- Applicants adjusting status to lawful permanent residence, unless their immigration category is exempt
- Assessment factors
- Age, health, family circumstances, financial resources, education, employment and skills, plus potentially a sponsor’s Form I-864 Affidavit of Support
- Benefits considered
- Means-tested benefits, including cash assistance, housing aid, food stamps and college financial aid; benefits received on or after September 18 may receive broader consideration
- Bond option
- USCIS may invite an applicant found inadmissible solely on public-charge grounds to post a cash or surety bond
Quotes
DHS spokesperson
Representative of the US Department of Homeland Security
“A public charge bond is a financial guarantee where individuals or companies pay a cash bond or post a surety bond with USCIS as an assurance that the alien will not become a public charge.”
deccanchronicle.com
“The new rule removes the detailed framework introduced in 2022 for determining who may be considered a “public charge””
deccanchronicle.com
Sources
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