New US Public Charge Rule Takes Effect September 18, 2026

US immigration law lets officers refuse a green card to someone likely to become a "public charge," meaning mainly dependent on the government for support. How officers apply that test is set by regulation.

On July 16, 2026, US Citizenship and Immigration Services (USCIS) announced a final rule rescinding the 2022 public charge regulation. The rule was published in the Federal Register on July 20, 2026 and took effect on September 18, 2026.

Under the 2022 rule, officers looked at a defined list of factors and considered only a narrow set of public benefits. The new rule removes those limits. USCIS says officers can now "assess all pertinent facts on a case-by-case basis for each applicant." In practice, officers can weigh a wider range of information, such as income, assets, health, health insurance, education, skills, employment history and family situation, with fewer defined guardrails.

USCIS also issued a revised Form I-485. Older editions postmarked or submitted online on or after September 18, 2026 are not accepted.

• Adjustment of status applicants whose Form I-485 is postmarked or filed online on or after September 18, 2026. Applications filed before that date are judged under the 2022 rule.
• People seeking admission to the United States from September 18, 2026 where the public charge ground applies.
• Family-based applicants are usually the most affected, because they rely on a sponsor's Affidavit of Support (I-864).

According to guidance published with the rule, public benefits received before September 18, 2026 are considered in line with the 2022 rule.

Not affected: groups the law exempts from the public charge ground, including refugees, asylees, and certain other humanitarian applicants. See refugee and asylee green cards.

The State Department paused immigrant visa interviews worldwide on August 25, 2026 to train consular officers on public charge guidance, so applicants abroad should expect a similar approach. See our news on the interview pause.

1. Use the current Form I-485 edition listed on the USCIS website. An old edition will be rejected.
2. Document your finances. Include tax returns, pay stubs, bank statements, proof of assets, and proof of health insurance.
3. Strengthen the Affidavit of Support. Make sure your sponsor meets the income requirement, and add a joint sponsor if needed.
4. Show skills and employability. Degrees, licenses, job offers, and work history can help.
5. Get legal advice if you have received public benefits or have health issues or low income. A licensed US immigration lawyer can assess your risk before you file.

For the full rules, see our public charge guide and 2026 public charge rule status page.