NEW PUBLIC CHARGE RULES TAKE EFFECT SEPTEMBER 18!

USCIS has issued new guidance explaining how officers will determine whether certain Green Card applicants are likely to become a “public charge.” The new guidance takes effect September 18, 2026.

What You Need to Know:

Effective September 18: The new guidance applies to Forms I-485 subject to public-charge inadmissibility that are filed on or after September 18, 2026.

Many family-based applicants are affected: This includes spouses, children and parents of U.S. citizens, certain relatives of Green Card holders, and fiancé(e)s of U.S. citizens.

Employment-based applicants are also affected: USCIS lists priority workers, advanced-degree professionals/persons of exceptional ability, skilled workers/professionals, investors and religious workers among the categories subject to the public-charge ground.

USCIS will look at the applicant as a whole: Officers will consider age, health, family status, financial resources/assets, and education and skills, along with other relevant circumstances.

Government benefits may matter: For benefits received on or after September 18, USCIS says officers may consider any and all means-tested public benefits, including cash assistance, housing assistance, food stamps, financial aid for college, or similar benefits.

Some applicants are exempt: Refugees, asylees, certain T and U nonimmigrants, VAWA self-petitioners, Special Immigrant Juveniles, and several other categories are not subject to the public-charge ground.

What This Means for Green Card Applicants:
Receiving a public benefit does not automatically mean your Green Card will be denied. USCIS says officers will make case-by-case determinations based on the totality of the applicant's circumstances.

However, applicants filing on or after September 18 should carefully evaluate their financial circumstances, benefit history, supporting evidence, and applicable exemptions before submitting Form I-485.

For full details on the Public Charge Rule, click the link: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20260818-PublicChargeFinalRule.pdf

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For informational purposes only. This communication does not constitute legal advice.