2026 Public Charge Rule: In Effect Since September 18, 2026

Public charge is a ground for refusing a green card to someone likely to become primarily dependent on the government. The law requires officers to consider age, health, family status, assets and finances, and education and skills.

Under the 2022 rule, officers worked from a defined list of factors and a narrow set of public benefits: mainly Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), state and local cash assistance, and long-term institutional care at government expense.

The 2026 rule removes those limits. USCIS says officers can "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.

• Green card applicants in the US whose Form I-485 is filed or postmarked on or after September 18, 2026. See adjustment of status.
• Family-based applicants most of all, since they also rely on a sponsor's Affidavit of Support (Form I-864). Check the income requirement with our I-864 income calculator.
• Applicants abroad: the State Department paused immigrant visa interviews on August 25, 2026 to train officers on public charge guidance. See immigrant visa pause.

Not affected: refugees and asylees applying for green cards, and other groups the law exempts, such as VAWA self-petitioners and T and U visa holders. Public charge is also not part of naturalization.

The rule adds to other 2026 changes for green card applicants, including the May 2026 USCIS memo that treats adjustment of status as discretionary relief.

1. Use the current Form I-485 edition from the USCIS website. An old edition filed on or after September 18, 2026 will be rejected.
2. Document your finances: tax returns, pay stubs, bank statements, and proof of assets and health insurance.
3. Strengthen the Affidavit of Support, and add a joint sponsor if the main sponsor's income is close to the minimum.
4. Show skills and employability: degrees, licenses, job offers, and work history.
5. Get legal advice before filing if you have received public benefits, have serious health issues, or have low income. Do not drop benefits for yourself or your family without advice.
6. Check for updates. Rules and guidance can change; follow USCIS announcements and our news.