USCIS has announced that green card applicants will soon face greater scrutiny under a broadened “public charge” standard, with new rules allowing officers to evaluate more factors—including whether a U.S. citizen child or relatives of the applicant have used health or social service programs—starting September 18, 2026.
What changed
USCIS issued updated Policy Manual guidance on August 18, 2026, and the new framework applies to covered Form I-485 adjustment of status applications postmarked or electronically submitted on or after September 18, 2026.
The Department of Homeland Security rescinded the 2022 public charge regulations and restored much broader discretion to immigration officers, who may now consider a wider range of means-tested public benefits together with the applicant’s age, health, family situation, finances, education, skills, Affidavit of Support, and other case-specific evidence.
Starting September 18, 2026, USCIS officers will be able to weigh a wider range of public benefits, including food stamps, Medicaid, and housing vouchers, when deciding whether to approve a green card application.
Benefits received before September 18, 2026, will only be considered under the old, narrower definition. Beginning with any benefits received on or after that date, the expanded definition applies.
Refugees, asylees, current green card holders who are merely renewing their status, and those applying to become citizens are not subject to the rule. Nonimmigrants who apply for protection under humanitarian programs such as the T and U nonimmigrant visas, as well as those who self-petition under VAWA, are also exempt.
Why it matters
Timing is critical. Under the new approach, USCIS will make a forward-looking determination based on the totality of the applicant’s circumstances, looking at statutory factors required by Congress as well as other relevant evidence, including certain past or current receipt of means-tested public benefits. Two applicants with nearly identical financial profiles may receive different outcomes based on the broader discretion officers now have.
The affidavit of support carries less weight. A sufficient sponsor or properly signed Form I-864 does not automatically resolve public charge concerns; the case must be prepared as a complete financial and personal record.
Family connections matter more. Immigration officials can now consider whether a U.S. citizen child of the applicant or one of their relatives has used health or social service programs, even if the green card applicant has not. This is a significant expansion from the narrower 2022 rule.
Form I-485 edition matters. USCIS will publish a revised Form I-485, and older editions postmarked or electronically submitted on or after September 18 will not be accepted.
Way forward
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If you’re advising a client considering adjustment of status, treat September 18 as a hard deadline. File before that date if your client’s circumstances are favorable under the 2022 rule. Applications postmarked on or after September 18 face the broader standard.
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Rebuild your financial record now. Document all sources of support for your client and any household members—including employment, assets, pension income, and any public benefits history (for the applicant, the spouse, and potentially relatives). The “totality of circumstances” is now the governing test.
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Review Form I-864 strategy. Confirm that your sponsor is adequate under current guidelines, and consider whether a co-sponsor would strengthen the case under the new discretionary standard.
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Check USCIS.gov for the revised Form I-485. Applicants filing near September 18 must use the new edition to avoid rejection for using an outdated form.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola is a software company, not a law firm. U.S. immigration policy can change without notice, and the rules governing public charge evaluation are complex and fact-specific. You should consult a licensed immigration attorney to discuss how the September 18, 2026 rule change affects your individual situation and to receive advice tailored to your case. Verify all information against the primary source linked above and the official USCIS website.