New Public Charge Rules Take Effect, USCIS News
Important changes to the immigration “public charge” rules took effect on September 18, 2026. U.S. Citizenship and Immigration Services (USCIS) has issued new guidance explaining how officers will evaluate public charge inadmissibility after the government rescinded the previous 2022 public charge regulation.
The new guidance is important for people applying for a green card through adjustment of status because USCIS can now consider a broader range of public benefits when making a public charge determination.
What Changed on September 18, 2026?
On July 20, 2026, the federal government announced plans to rescind the 2022 Department of Homeland Security public charge rule. USCIS published new guidance on August 18, 2026, explaining how immigration officers should evaluate public charge cases after the 2022 rule was removed.
The new guidance was incorporated into the USCIS Policy Manual and took effect on September 18, 2026.
One of the biggest changes is the number of public benefits that USCIS may consider.
Under the new guidance, USCIS may consider means-tested public benefits, meaning benefits that are provided based on an individuals’ or family income. This includes programs such as:
→ Medicaid
→ Food assistance, including SNAP
→ Housing assistance
→ Other means-tested public benefits
USCIS may also consider certain means-tested benefits received by family members of an applicant, even if the applicant does not personally receive those benefits.
What Happens to Green Card Applications Filed Before September 18?
The new policy is not retroactive.
If you filed your Form I-485 adjustment of status application with USCIS before September 18, 2026, your case will continue to be evaluated under the previous 2022 public charge policy.
Under the 2022 policy, many important programs — including Medicaid, housing assistance, nutrition programs, and other services — generally did not create a public charge concern.
The previous policy focused primarily on whether an applicant was likely to become primarily dependent on cash assistance for income maintenance or long-term institutional care at government expense.
For adjustment of status applications postmarked or electronically filed on or after September 18, 2026, the new USCIS guidance applies.
Who Is Affected by Public Charge?
Public charge does not apply to every immigrant or every immigration application.
The public charge does not apply to U.S. citizens. It also does not apply to many immigrants, including:
• Most lawful permanent residents
• Refugees
• Asylees
• U visa holders
• T visa holders
• Certain VAWA applicants
• Other exempt categories
People applying for green cards through different pathways may be subject to the public charge test depending on their circumstances. This can include certain family-based and employment-based applicants.
Public Benefits and Public Charge Are Not the Same Thing
An important note for immigrant families is that the public charge policy does not change whether someone is legally eligible to receive a public benefit.
In other words, the public charge rules do not automatically make someone ineligible for Medicaid, food assistance, housing assistance, or other government programs.
Instead, public charge is an immigration determination that can be considered when someone is applying for a green card or seeking to immigrate to the United States.
What About People Applying for a Green Card Outside the United States?
There is also an important warning for people who will leave the United States to complete their green card process through a U.S. embassy or consulate.
The Department of State has already issued separate public charge guidance that may expand the number of people who could face public charge concerns during consular processing. The Immigrant Legal Resource Center (ILRC) recommends that individuals who plan to leave the United States for a consular interview speak with a trusted immigration advocate before leaving the country.
The ILRC also reports that an earlier 2026 Department of State visa issuance pause affecting individuals from 75 countries was struck down by a federal court on August 21, 2026. The Department of State confirmed that the pause is no longer in effect, although the government has appealed that decision.
The Rules Could Still Change
Although the new USCIS public charge guidance is currently in effect, litigation challenging the changes is ongoing. Cities, states, and organizations have filed lawsuits, and the policy could potentially be paused or changed as those cases continue.
For this reason, immigrants and their families should pay close attention to updates and understand which public charge rules apply to their specific immigration case.
What Should You Do?
If you are applying for a green card, have a pending adjustment of status application, receive public benefits, or are considering leaving the United States for consular processing, the rules that apply to your case may depend on when you filed, what immigration benefit you are seeking, and your individual circumstances.
At Delgado Law Firm, we can help you understand how the current public charge rules may affect your immigration case and what factors may be relevant to your application.
This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies can change, and every case is different.