The U.S. Citizenship and Immigration Services (USCIS) has announced a significant change to its Public Charge policy by rescinding the 2022 regulation implemented during the Biden administration.
The new rule, issued by the Department of Homeland Security (DHS), will take effect on September 18, 2026, and may affect individuals applying for a Green Card, Adjustment of Status (Form I-485), immigrant visas, or admission as lawful permanent residents.
So, what exactly is changing, and how could it affect your immigration case?
What Is the Public Charge Rule?
The Public Charge ground of inadmissibility has been part of U.S. immigration law for decades.
Under the Immigration and Nationality Act (INA), a foreign national may be found inadmissible if they are considered likely to become primarily dependent on government assistance in the future.
When reviewing certain immigration applications, USCIS evaluates whether an applicant is likely to become a public charge by considering the individual’s overall circumstances.
What Has Changed?
The 2022 regulation adopted during the Biden administration limited which public benefits USCIS officers could consider when making a Public Charge determination.
With the new final rule, the Department of Homeland Security has rescinded those limitations. Beginning September 18, 2026, USCIS officers will once again have broader authority to evaluate all relevant statutory factors on a case-by-case basis, consistent with the Immigration and Nationality Act.
According to USCIS, the purpose of this change is to align the Public Charge policy more closely with Congressional intent that immigrants seeking permanent residence be financially self-sufficient and not primarily dependent on taxpayer-funded public benefits.
Who May Be Affected?
The updated Public Charge policy primarily affects individuals applying for:
- Adjustment of Status (Form I-485)
- Employment-Based Green Cards
- Family-Based Green Cards
- Immigrant visas
- Admission to the United States as lawful permanent residents
It is important to note that many immigration categories remain exempt from Public Charge determinations, including refugees, asylees, and certain humanitarian applicants.
What Factors Will USCIS Consider?
Public Charge determinations are based on the totality of the circumstances, meaning USCIS evaluates multiple aspects of each applicant’s situation rather than relying on a single factor.
These factors may include:
- Age
- Health
- Family status
- Financial resources and assets
- Income
- Education
- Employment history
- Job skills
- Future earning capacity
- Affidavit of Support, when required
No single factor automatically determines whether an applicant will be found inadmissible under the Public Charge ground.
Does Receiving Public Benefits Automatically Lead to a Green Card Denial?
No.
One of the biggest misconceptions surrounding the Public Charge rule is that receiving any public benefit automatically results in a Green Card denial.
That is not what this policy change says.
USCIS has made clear that Public Charge determinations continue to be made based on the applicant’s overall circumstances. The use of certain public benefits alone does not automatically disqualify someone from obtaining lawful permanent residence.
Every immigration case is unique and should be evaluated individually.
USCIS Will Release a New Form I-485
In addition to rescinding the 2022 Public Charge regulation, USCIS announced that it will publish a revised version of Form I-485, Application to Register Permanent Residence or Adjust Status.
Beginning September 18, 2026, applicants must use the updated version of the form.
USCIS has stated that any previous edition of Form I-485 postmarked or electronically submitted on or after the effective date will be rejected.
Applicants should carefully verify that they are using the correct version before filing.
What Should Green Card Applicants Do?
If you are planning to apply for a Green Card, it is important to stay informed about upcoming USCIS policy changes.
Although the new rule becomes effective in September 2026, USCIS is expected to publish additional guidance, updated policy manual provisions, and a revised Form I-485 before implementation.
Understanding how these changes apply to your specific immigration case can help you avoid unnecessary delays or filing errors.
Concerned About How the New Public Charge Rule May Affect Your Green Card Application?
Every immigration case is different, and recent policy changes can raise important questions about your eligibility and application strategy.
If you are planning to apply for a Green Card, file Form I-485 (Adjustment of Status), or simply want to understand how the new USCIS Public Charge rule may impact your case, seeking legal guidance before filing your application is the best way to protect your future.
At ALFA – Alexandre Law Firm & Associates, our experienced U.S. immigration attorneys help individuals, families, and professionals navigate complex immigration laws with confidence. We will evaluate your unique circumstances, explain how the latest USCIS policies apply to your situation, and develop a legal strategy tailored to your goals.
Schedule a consultation with our immigration team today and receive personalized guidance for your U.S. immigration journey.
