09/19/2026
The new public charge policy for green cards takes effect today, September 18, 2026. Published by the Trump administration's Department of Homeland Security (DHS), the final rule rescinds the narrower 2022 Biden-era framework and gives U.S. Citizenship and Immigration Services (USCIS) officers vastly broader discretion to determine whether an applicant is likely to become dependent on government assistance.
Key Details of the New RuleExpanded Benefit Review:
Rather than only considering cash assistance or long-term institutional care, immigration officials can now evaluate the use of any means-tested public benefits. This broad standard potentially encompasses:
*Health & Food: Supplemental Nutrition Assistance Program
(SNAP/food stamps), Medicaid, and nutrition aid.
*Housing: Housing vouchers and housing assistance.
*Education & Childcare: Childcare subsidies,
Head Start programs, and certain types of student financial aid.
*Tax Credits: Income-based tax breaks, such as the child tax credit.
-Family Benefit Use: Under the new rule, officers may consider government benefits applied for or received on behalf of family members, including U.S. citizen children.
-Total Circumstances Test: The policy shifts away from relying almost entirely on the Affidavit of Support (Form I-864). Officers will scrutinize an applicant’s whole profile, including age, health, family size, income, assets, employment history, education, and job skills to decide if they can support themselves above the poverty level.
-Public Charge Bonds: If USCIS determines an applicant is inadmissible under the new guidelines, they may require a financial guarantee via a public charge bond (Form I-945) to approve the green card.
Who is Affected?
Impacted Applicants: The rule primarily affects individuals seeking an adjustment of status to lawful permanent resident through family-based or employment-based visa categories (such as EB-1, EB-2, EB-3, and EB-5)
Exemptions: Refugees, asylum seekers, VAWA (Violence Against Women Act) applicants, and most other humanitarian visa holders remain fully exempt from public charge determinations.
Application Timing: The rules apply strictly to applications postmarked or submitted electronically on or after September 18, 2026. Any applications pending or filed before this date will be adjudicated under the previous 2022 rules.
