USCIS Green Card Rules 2026: New Public Charge Test, Benefits That Could Affect Applications From September 18
USCIS will apply broader public charge rules to Green Card applicants from September 18, 2026. Know the new Form I-485 rules, benefits that could count and who may be affected.
The US Citizenship and Immigration Services (USCIS) is set to apply a broader 'public charge' test to Green Card applicants from September 18, 2026, following the Department of Homeland Security's decision to rescind the 2022 public charge regulations. The new approach gives USCIS officers greater discretion to assess whether an applicant is likely to become primarily dependent on government support.
Applicants filing Form I-485, the Application to Register Permanent Residence or Adjust Status, on or after September 18 will be assessed under the updated guidance. The review can consider factors including age, health, family status, assets, financial resources, education and skills.
What Is Changing Under New USCIS Green Card Rules?
The major change is the broader range of public benefits that USCIS officers can consider when determining whether an applicant is likely to become a public charge, said reports.
Under the previous 2022 framework, the assessment was narrower. From September 18, means-tested public benefits received on or after the effective date can be considered, alongside other circumstances surrounding the applicant. New US Green Card Rules: Temporary Visa Holders Must Return to Their Home Country To Apply.
USCIS will not apply an automatic cutoff based on receiving a particular benefit. Instead, officers will assess the totality of the circumstances and consider the relevant statutory factors in each individual case.
Which Public Benefits Could Affect Green Card Applications?
Benefits that may be considered under the broader approach can include means-tested assistance such as:
- Housing assistance
- Food assistance
- Certain forms of financial assistance for education
- Cash assistance for income maintenance
- Long-term institutionalisation at government expense
Importantly, no single factor automatically makes an applicant inadmissible. USCIS will consider the applicant's overall financial circumstances and other relevant evidence. US Green Card Rule Clarified: DHS Says Most Applicants Can Stay in America While Residency Cases Are Processed.
New Form I-485 Rules From September 18
Applicants should pay close attention to the effective date. USCIS says the updated framework applies to Form I-485 applications submitted on or after September 18, 2026.
The change follows DHS's rescission of the 2022 public charge regulations. DHS said the existing statute and legal precedents provide sufficient guidance for USCIS officers to make public charge determinations without the 2022 regulatory framework.
Who Could Be Affected By The New Green Card Rules?
The policy can affect eligible applicants seeking adjustment of status through family-based and employment-based immigration categories.
However, several groups are exempt from public charge inadmissibility rules under federal law. These include certain refugees and asylees, lawful permanent residents applying for naturalisation and people seeking protection under specific humanitarian programmes.
What Is The Public Charge Bond?
In certain cases, USCIS may give an applicant the option to post a Public Charge Bond if the person is otherwise admissible and eligible but is found inadmissible solely on public charge grounds.
The bond is not an automatic entitlement. USCIS has discretion over whether to offer it, and a breach of the bond's conditions can result in forfeiture.
What About Form I-864?
The Form I-864 Affidavit of Support will continue to play an important role for many family-based immigrants and certain employment-based applicants.
USCIS can assess whether the sponsor is able and willing to provide the required financial support. Failure to submit a sufficient affidavit of support where required can also create a public charge inadmissibility issue.
What Green Card Applicants Should Know
The key takeaway is that the new USCIS approach does not mean that receiving any government benefit will automatically lead to Green Card denial. Instead, officers will have broader discretion to examine public benefits alongside an applicant's age, health, family circumstances, finances, education, skills and other relevant factors.
Applicants planning to file Form I-485 on or after September 18, 2026 should therefore review the applicable USCIS requirements carefully and ensure that their application uses the correct version of the form.
(The above story first appeared on LatestLY on Aug 20, 2026 10:59 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).