08/20/2026
New USCIS Public Charge Guidance Takes Effect September 18, 2026
USCIS has issued updated guidance on how officers decide whether a green card applicant is likely to become a public charge. It takes effect September 18, 2026.
The guidance applies to adjustment of status applications postmarked or submitted electronically on or after that date. Applications filed before September 18 stay under the current standard.
What changes:
- A wider range of means-tested benefits may be considered
- A new edition of Form I-485 is required, with no grace period
- Benefits received by a child or other household member are generally not counted against the applicant
- Several humanitarian categories remain exempt by statute
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