09/21/2026
RECEIVING U.S. PUBLIC BENEFITS MAY NOW AFFECT YOUR GREEN CARD APPLICATION
Effective September 18, 2026, USCIS significantly expanded how it applies the existing “public charge” rule to Form I-485 green card applications filed inside the United States—including marriage-based cases.
Public charge is not a new ground of inadmissibility. It has long existed under INA §212(a)(4). What changed is the much broader range of benefits USCIS officers may now consider and their increased discretion when deciding whether an applicant is likely to become a public charge.
Potentially problematic benefits now include:
• Medicaid and other income-based healthcare programs
• SNAP and WIC
• SSI, TANF and other cash assistance
• CHIP, when received by the applicant
• Section 8 and other housing assistance
• Head Start and certain childcare programs
• Certain premium subsidies and income-based tax credits
• Other federal, state or local benefits based on income, assets or financial need
There is no difference simply because a benefit is state-funded instead of federally funded. If the government funds the program and eligibility depends on income or financial need, USCIS may consider it.
Receiving a benefit does not automatically result in denial. USCIS must review the totality of the applicant’s circumstances, including employment, income, assets, health, education, family situation and the Form I-864 Affidavit of Support.
Benefits received by a U.S.-citizen child, including CHIP or Medicaid, are generally not treated as benefits received by the immigrant parent. However, USCIS may still consider the household’s financial circumstances and the income level that qualified the child for assistance.
A new Form I-485 is also mandatory. Applications postmarked or electronically submitted on or after September 18, 2026, must use the 09/18/26 edition. Using an outdated form may result in rejection.
If you are applying for a marriage-based green card—or planning to apply for any income-based public benefit—obtain legal advice before filing or changing your benefits. Do not cancel necessary benefits for a U.S.-citizen child without first reviewing your individual circumstances.
Jakab Law Firm can evaluate your benefits, household income, sponsorship documents and immigration history before your application is submitted.
Schedule your consultation today.
Jakab Law Firm PLLC
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This post provides general information and is not individual legal advice.