The immigration agency, USCIS, has issued a new final rule on public charge that may significantly change how many applications for Lawful Permanent Residency (“green cards”) are decided in the future. This rule rescinds the 2022 public charge regulations and replaces it with a new framework for determining whether someone is “likely to become a public charge” under United States immigration law.
The new rule will take effect on September 18, 2026. Until that date, the current 2022 policy remains in place.
Below is an overview of what we know now, what will change, and who is and is not affected.
What Is “Public Charge?”
“Public charge” is a ground of inadmissibility/ineligibility in the Immigration and Nationality Act (“INA”). It allows USCIS and the U.S. Department of State to deny certain applications for Lawful Permanent Residency and immigrant visas if the government believes the applicant is likely to depend primarily on the United States government for long-term cash assistance or long-term institutional care at government expense in the future.
Under INA § 212(a)(4), the applicant’s age, health, family status, assets, resources, financial status, education, and skills may be considered when making a public charge determination.
The new 2026 final rule does not change the public charge statute in the INA. It will, however, change how USCIS interprets and applies that statute to applicants for Lawful Permanent Residency through the adjustment of status process. It will also result in a new edition of Form I-485, Application to Adjust Status.
Which Public Benefits Are Subject to the Public Charge Rule?
Under current guidance, many public benefits do not count against noncitizens for public charge purposes. Historically, only certain forms of cash assistance for income maintenance and long-term institutionalization at government expense have been central to public charge analysis.
Cash assistance for income maintenance means:
- Supplemental Security Income (SSI);
- Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program; and
- State, tribal, territorial, or local cash benefit programs for income maintenance, often referred to as “General Assistance.”
Long-term institutionalization at government expense includes stays in a nursing facility or mental health institution. It does not include imprisonment for conviction of a crime, short-term institutionalization for rehabilitation purposes, or most services paid for by Medicaid (i.e. home and community-based services (HCBS), Children’s Health Insurance Program (CHIP)).
Who Is Subject to the Public Charge Ground of Inadmissibility?
Public charge typically applies to people seeking Lawful Permanent Residency through family and some employment categories, including:
- Many family-based applications (spouses, children, parents, and certain other relatives of U.S. citizens and Lawful Permanent Residents). Most family-based applications require a financial sponsor (usually the Petitioner, but sometimes a Joint Sponsor) to demonstrate that they are earning a minimum level of income or have a minimum level of assets to support the applicant.
- Some employment-based applications, where the applicant must show they are not inadmissible on any grounds, including public charge.
Who Is Not Subject to the Public Charge Ground of Inadmissibility?
Many noncitizens are not subject to the public charge ground at all, even under the new rule. Public charge inadmissibility does not apply to:
- Refugees
- Asylees
- Individuals applying for or granted U visas (crime victims)
- Individuals applying for or granted T visas (trafficking victims)
- Individuals applying under the Violence Against Women Act (VAWA)
- Special Immigrant Juveniles (SIJS)
- Certain other humanitarian categories and special programs
How the New Rule Could Change Public Charge Determinations
The new 2026 rule will allow for significant USCIS officer discretion to make individualized, fact-specific public charge decisions in the totality of the circumstances.
To make public charge inadmissibility determinations, USCIS officers will consider the five statutory factors (the applicant’s age, health, family status, assets, resources, financial status, education, and skills), the Petitioner/Joint Sponsor’s Form I-864 Affidavit of Support, and the applicant’s prior or current receipt of cash assistance for income maintenance and long-term institutionalization at government expense.
Additionally, starting on September 18, 2026, the new rule will allow USCIS officers to consider the noncitizen’s receipt of means-tested public benefits, including housing assistance, food stamps, financial aid for college, and similar benefits.
What remains to be seen is the extent to which additional factors will be considered, including whether the applicant has health insurance, whether the applicant’s family members have received public assistance, the applicant’s employment history as listed on Form I-485, the likelihood that the Petitioner and Joint Sponsor will offer support to the applicant, etc.
If a USCIS officer finds that the applicant is inadmissible because they are likely at any time to become a public charge, the officer may allow the applicant to post a public charge bond in an amount determined by USCIS.
More Information
Because the new rule grant USCIS officers broader discretion to deny adjustment of status applications on the public charge ground, you are encouraged to file your Form I-485 before September 18, 2026 if possible. If that is not possible, carefully review your case with an experienced immigration attorney before deciding whether and when to file your Form I-485.
You can review the public charge updates to USCIS’s Policy Manual here.
USCIS will publish a new version of Form I-485 on September 18, 2026 to align with these policy changes. This means that if you plan to file Form I-485 with USCIS on or after September 18, 2026, you must use the new version that will become available on USCIS’s website shortly.
At Kolko & Casey, our team is dedicated to providing comprehensive legal assistance to those navigating these challenging situations. Please contact us to discuss your case and any concerns you have regarding these changes.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Immigration law and policy change rapidly. Always consult an attorney or accredited representative for advice about your specific situation.
About the Author
Angela Cifor is a Partner at Kolko & Casey, P.C. Angela specializes in removal defense, humanitarian and family based immigration matters.
