DHS Revises Adjustment of Status Rules, Weighing Public Charge for Discretionary Relief

The Department of Homeland Security and U.S. Citizenship and Immigration Services have changed how they review Adjustment of Status applications, placing greater weight on officer discretion and applicants’ financial circumstances.

A USCIS policy memorandum issued May 22, 2026, describes adjustment from inside the United States as an extraordinary form of relief rather than an automatic benefit. Officers must weigh positive and negative factors before deciding whether an applicant merits the opportunity to seek permanent residence without leaving the country.

DHS also issued a final rule on July 16, 2026, rescinding the 2022 regulations governing public charge determinations. The new rule takes effect September 18, 2026, and permits a broader review of means-tested benefits.

The changes create two separate tests. One concerns whether an applicant should receive the government’s discretionary relief. The other examines financial self-reliance.

Zach Kahler, a USCIS spokesman, said the department wants applicants who entered temporarily to follow the standard immigration process.

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”

The memorandum identifies consular processing through a U.S. consulate or embassy abroad as the ordinary route to permanent residence. It focuses particularly on people who enter with temporary visas, including tourist and student visas, while intending to seek a green card soon after arrival.

The new approach does not eliminate adjustment inside the United States. Instead, officers must decide each case individually and determine whether the applicant warrants that treatment without departing.

Officers will weigh the reason an applicant entered the country

The policy targets what USCIS views as an attempt to circumvent the immigration system through temporary visa use. Applicants who entered as tourists or students and quickly pursued permanent residence may face closer examination of their original intentions.

The agency’s review will include positive and negative factors. Applicants may address community involvement, family ties and financial stability through discretionary statements in their filings.

The change reaches beyond the usual eligibility questions. Marriage to a U.S. citizen and a clean record, for example, may establish statutory eligibility, but the revised approach also asks whether the applicant deserves adjustment inside the United States.

That distinction can affect families who expected to complete the process domestically. Some may instead need to leave for an interview at a consulate or embassy abroad.

Departure carries practical risks. Applicants may encounter lengthy waits, and a denied waiver could prevent re-entry into the United States.

The September rule expands financial review

The DHS final rule rescinding the 2022 regulations gives officers broader authority to examine an applicant’s use or potential use of means-tested benefits. The earlier framework limited consideration to cash assistance and long-term institutional care.

The replacement standard reaches a wider range of benefits. Families using or planning to use health or nutrition programs will need to assess how the expanded review applies to their circumstances.

Kahler said the administration’s stated purpose is to protect taxpayers and evaluate whether applicants may become dependent on public benefits.

“The administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans.”

The rule becomes effective on September 18. That date also controls which version of the green-card application USCIS will accept.

Older Form I-485 versions face a hard filing cutoff

USCIS will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status. The agency will not accept older editions postmarked on or after September 18, 2026.

Applicants preparing a filing will need to use the updated form once the rule takes effect. A submission that relies on an older edition after the cutoff could face rejection under the stated filing policy.

The filing change accompanies, rather than replaces, the new officer review. Applicants must still address the underlying eligibility requirements, while the department considers whether domestic adjustment is warranted and reviews broader financial factors.

Filing points that now require attention

1. Review the entry history. Applicants who entered on temporary visas should account for the purpose of their visit and the timing of any later green-card filing.
2. Prepare discretionary evidence. Filings may include statements describing community involvement, family ties and financial stability.
3. Check benefit use. Health, nutrition and other means-tested benefits may receive broader consideration under the new standard.
4. Use the current form. USCIS will publish a revised Form I-485, and older versions will not be accepted if postmarked on or after September 18, 2026.
5. Assess travel consequences. A consular interview abroad may involve long waits, while a denied waiver can create a risk of being barred from re-entry.

USCIS describes the domestic route as an exception to the ordinary consular process, not as an automatic consequence of meeting statutory requirements. The department’s stated framework asks officers to balance the full record before granting the requested relief.

The USCIS Newsroom, USCIS Policy Manual and updated application materials will provide the governing information as the September 18 effective date approaches. Processing times and fees are subject to change; applicants should verify current details at uscis.gov.