On July 20, 2026, the Department of Homeland Security (DHS) announced it will remove the current, 2022 Public Charge rule. The 2022 rule provided structured guidance for U.S. Citizenship and Immigration Services (USCIS) to make public charge decisions. This change affects how your clients’ green card applications will be evaluated and when the new standard takes effect matters for case timing.
What changed
DHS announced it will remove the current, 2022 Public Charge rule. In removing the current rule, DHS has taken away the concrete guidance that officers relied on to make these determinations. The government has said that more guidance will be issued through the USCIS Policy Manual.
This announcement is set to go into effect on September 18, 2026. This means that any application pending, filed, or postmarked on or before September 17, 2026 will be considered under the current 2022 rule.
Why it matters
The loss of the 2022 rule creates significant uncertainty in green card adjudication. Without the concrete guidance that officers relied on to make determinations, it becomes harder to know if cases will be granted. Officers will now apply criteria from the USCIS Policy Manual rather than the structured 2022 rule, potentially resulting in more inconsistent or unpredictable decisions.
The September 18, 2026 effective date is a hard deadline. Applications postmarked on or before September 17, 2026 receive the 2022 rule’s protections; anything after falls under whatever framework the Policy Manual provides. This timing is critical for cases currently in preparation or pending adjudication.
Way forward
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Prioritize filing before September 18. If your client’s green card application is ready, consider whether filing before the September 17 deadline is feasible to lock in the 2022 rule’s standards.
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Screen for public charge issues now. Before applying for a green card, make sure to get a full screening for any issues your application might present. Public charge is just one factor that the government will use to assess your application and it is important to have the whole picture when deciding whether or not to file an application. It is important to understand what the risks are in your particular situation in order to make an informed decision about applying.
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Monitor the USCIS Policy Manual. Watch for the agency’s guidance document. The specific language and standards in the Policy Manual will govern public charge determinations after September 18—review it carefully once published to understand how your clients’ circumstances may be evaluated.
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Consult with clients on benefit use. Counsel clients currently on public benefits about the transition period and potential risks, given the uncertainty about how the new framework will treat benefit usage.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. The Immigrant Legal Resource Center is not a law firm. Federal immigration policy can change without notice, and the rules governing public charge determinations remain in flux. You should verify all information against the primary source at the URL above and consult a licensed immigration attorney about your specific situation.