- The Department of Homeland Security expanded the public charge rule for green-card applicants starting September eighteen, twenty twenty-six.
- Immigration officers gain wider discretion to consider benefits like Medicaid, food stamps, and housing assistance in residency reviews.
- New applicants must use a revised Form I-485 to avoid immediate rejection after the September effective date.
The Department of Homeland Security has finalized a rule that will broaden how officers assess whether green-card applicants may become dependent on public benefits. The change takes effect September 18, 2026, and will apply to adjustment-of-status applications submitted on or after that date.
USCIS announced the rescission of the 2022 Public Charge regulation on July 16. The earlier rule took a narrower approach to benefits considered during the review. The new policy restores a broader assessment of an applicant’s finances and personal circumstances.
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Zach Kahler, a USCIS spokesperson, said the administration intended to protect taxpayers while applying the revised standard.
"The Trump 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 Federal Register published the final rule on July 20 under Docket No. USCIS-2025-0304. Its summary says the rescission gives DHS officers wider discretion to review relevant facts and returns to a policy that expects immigrants in the United States to remain self-reliant.
The change affects permanent residency applications filed through adjustment of status, including family-based and certain employment-based cases. Officers will be allowed to consider non-cash assistance that the 2022 rule largely excluded.
Those benefits include Medicaid, subject to limited exceptions; SNAP, also known as food stamps; and housing assistance such as Section 8 vouchers or public housing. The broader review does not replace the sponsor’s separate financial-support obligation.
Applications filed after September 18 will use a revised form
The rule’s effective date controls which cases receive the new treatment. USCIS says the standard will apply to Form I-485 applications postmarked or submitted electronically on or after September 18, 2026.
USCIS also plans to issue a revised Form I-485 for the change. Applicants who submit an older version after the deadline will have their filings rejected.
That creates a filing cutoff. A case submitted before the effective date falls outside the new applicability language described by USCIS, while a case submitted on or after the date must use the revised form and face the expanded review.
Sponsor income remains tied to federal poverty guidelines
The revised public-charge analysis does not change the baseline requirement for the Form I-864, Affidavit of Support. Sponsors generally must show income equal to 125% of the federal poverty level under the 2026 guidelines.
The 2026 Poverty Guidelines, listed in I-864P, took effect March 1, 2026. The main household thresholds are:
| Household size | Minimum annual income for most sponsors |
|---|---|
| 2 | $27,050 |
| 3 | $34,150 |
| 4 | $41,250 |
Active-duty military sponsors petitioning for a spouse or child use a lower 100% threshold. For a household of two, that amount is $21,640.
The income test and the public-charge review therefore operate as separate parts of the case. Meeting the affidavit-of-support threshold does not eliminate the officer’s authority to examine the applicant’s broader circumstances under the new rule.
Officers will weigh the full household picture
The revised standard moves away from a narrow bright-line assessment focused mainly on primary dependence. Officers can instead review the totality of the circumstances surrounding an applicant’s ability to remain financially self-sufficient.
The listed factors include age, health, family status, assets, resources, education and skills. The review can also account for the benefits described in the final rule, including Medicaid, SNAP and specified housing programs.
No single factor automatically determines every case under this approach. The officer’s assessment is broader and fact-specific, with the applicant’s personal and financial profile considered as a whole.
A February 2026 policy memo, PM-602-0190.1, had already tightened documentation expectations for joint sponsors. The memo requires proof of U.S. domicile, such as utility bills or leases dated within 90 days, rather than accepting only a passport.
That requirement adds a documentary issue for cases relying on a joint sponsor. The sponsor may need to show a current connection to the United States through recently dated records.
Humanitarian applicants remain outside the public-charge ground
The new review primarily reaches family-based and certain employment-based green-card applicants. Several humanitarian categories remain exempt from the public-charge ground of inadmissibility by statute.
The exemptions cover refugees, asylees, T visa holders, U visa holders and VAWA self-petitioners. The rule’s broader treatment of benefits does not remove those statutory exemptions.
USCIS has identified July 16 as the date of its announcement, July 20 as the Federal Register publication date and September 18 as the date the final rule takes effect. Applicants preparing a Form I-485 must therefore match their filing date and form version to that schedule.
