Update, September 29, 2026: The rule took effect on September 18 and remains in effect. Lawsuits are pending, including one from New York and 21 other states. Our public charge explainer has the details.
Since September 18, 2026, USCIS judges green card applications under a much broader public charge standard, and the cutoff falls squarely on filing date rather than anything an applicant did in the past.
Background on the rule change
The shift traces back to a final rule USCIS published in July rescinding the narrower 2022 Public chargeA ground of inadmissibility for applicants an officer finds likely at any time to become a public charge. For Form I-485 filings on or after September 18, 2026, USCIS guidance lets officers weigh a wider range of means-tested public benefits, not only cash assistance.See it in the glossary regulations. Under the old rule, officers mostly looked at whether someone received cash assistance for income or was institutionalized long-term at government expense. The new USCIS guidance drops that narrow list and lets officers weigh a much wider range of means-tested public benefits, on top of the standard factors: age, health, family status, finances, education, and skills.
What date matters
The date that matters is when the Form I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary is filed, not when a benefit was used. Benefits received before September 18 are still evaluated under the old 2022 rule. Benefits received on or after that date can be weighed under the new, broader standard, no matter when the I-485 itself gets filed. USCIS also introduced a new I-485 edition on September 18, and applications using the prior edition are not accepted.
Who is affected
This affects adjustment of status applicants generally, both employment-based and family-based, and does not apply to green card applicants processing through a consulate abroad. It also does not apply to everyone. RefugeeA person outside their country of nationality who cannot return because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group or political opinion (INA 101(a)(42)). Admission as a refugee is discretionary, and annual admission levels are set through a Presidential Determination. A person already in the United States or at a port of entry with a similar claim may instead seek asylum.See it in the glossary, asylees, and several other categories remain exempt from the public charge ground of InadmissibilityA finding that a person is not eligible for a visa, admission or a green card under the grounds listed in INA 212(a). The grounds cover health, crimes, security, public charge, misrepresentation, unlawful presence, prior removal and others. Some grounds can be waived.See it in the glossary altogether, as they were before.
This is a rule change, not a case outcome. Whether a particular application is affected depends on individual facts, and applicants weighing their filing timeline should talk to a qualified immigration attorney about their specific situation.