As of September 18, 2026, the landscape for green card applicants in the United States has shifted significantly.
The Department of Homeland Security (DHS) has put into effect a new public charge rule that changes how the government decides whether a green card applicant is likely to become dependent on public benefits.
The rule represents a significant departure from the framework that has governed these decisions since 2022.
For hundreds of thousands of immigrants navigating the adjustment of status process, understanding what has changed — and what hasn't — is now urgent.
What Changed on September 18
Because USCIS is not replacing the 2022 rule with a new regulatory framework, after the rescission the agency relies on the statute (the Immigration and Nationality Act) and guidance issued by USCIS.
On August 18, 2026, USCIS published guidance for how adjudicators will assess public charge after the rule was rescinded, and that guidance has now been incorporated into the USCIS Policy Manual.
Under the 2022 public charge framework that was previously in place, USCIS officers were generally limited to considering whether an applicant received public cash assistance for income maintenance or was institutionalized at government expense for the long term. Most non-cash benefits, including Medicaid, SNAP, and housing assistance, did not factor into the determination.
The new rule rescinds the 2022 regulations and restores broader discretion to USCIS officers, who will now evaluate whether a green card applicant is likely to become a public charge based on the totality of the circumstances. That means officers may consider a wider range of means-tested public benefits alongside the applicant's age, health, family size, financial resources, education, skills, and the strength of their Affidavit of Support.
Under the new rule, immigration officers must consider at least five factors when deciding whether an applicant is likely to become a public charge: the applicant's age; health; family status; assets, resources, and financial condition; and education and skills.
Critically,
for benefits received on or after September 18, 2026, officers may consider an applicant's application for, approval for, or receipt of any means-tested public benefit, including programs such as Medicaid and SNAP. However, receipt of public benefits alone does not automatically result in a public charge finding; officers must evaluate the applicant's circumstances as a whole.
The Filing Date Is Everything
The rescission and guidance went into effect on September 18, 2026; however, the changes are not retroactive. The new policy only applies to adjustment of status (I-485) applications postmarked or e-filed on or after September 18, 2026.
Anyone with a pending green card application that was filed with USCIS before September 18, 2026, will be decided based on the prior, more favorable policy from 2022.
DHS states that previously excluded means-tested public benefits received before September 18, 2026 will not suddenly be evaluated under the broader new approach. For benefits received before September 18, DHS will continue applying the standards of the 2022 rule.
For previously excluded means-tested benefits, the broader consideration begins with benefits applied for or received on or after September 18, 2026.
Mandatory New Form I-485 — No Grace Period
Alongside the rule change, USCIS has rolled out a revised edition of Form I-485 with a hard cutoff that applicants cannot afford to miss.
There is no grace period for the revised edition of Form I-485 because this revision is necessary for USCIS to apply the final rule. USCIS will reject the 01/20/25 and 09/04/26 editions of Form I-485 if postmarked or electronically submitted on or after September 18, 2026, and will only accept the 09/18/26 edition on or after that date.
Although most of the form remains unchanged, USCIS has significantly revised the public charge section and removed much of the detailed explanatory guidance that previously appeared in the Form I-485 instructions. Most of the updates are concentrated in Part 9, which covers public charge-related questions.
Any error, outdated form edition, or missing requirement can result in a rejection or a Request for Evidence (RFE) that delays the process by months.
Applicants and their attorneys should triple-check the edition date on every filing going forward.
Who Is Exempt
Not every green card applicant is subject to the public charge ground of inadmissibility.
Exempt categories include asylees, refugees, special immigrant juveniles, Afghan and Iraqi interpreters, T and U nonimmigrants, and VAWA self-petitioners.
Nothing in the new policy alert proposes to remove any of these exemptions — they are grounded in statute, not in this rulemaking.
Many noncitizens are not subject to the public charge rule. Before making decisions about public benefits, applicants should first determine whether the public charge rule even applies to them.
It is also important for families to understand that
the public charge test looks at the applicant's own use of benefits — it does not look at benefits used by a U.S. citizen child in the same home. A child born in the United States is a citizen and qualifies for programs like Medicaid or food assistance on their own, no matter what is happening with a parent's green card case.
Lawsuits Already Filed
The rule did not take effect without opposition.
A coalition of 22 states and the District of Columbia filed a federal lawsuit seeking to stop the rule before it took effect. New York Attorney General Letitia James is leading the coalition, and the lawsuit was filed in the U.S. District Court for the Southern District of New York.
New York City, alongside the City of Chicago, the City and County of San Francisco, the County of Santa Clara, the City of Seattle, King County, Washington and the Public Rights Project, filed a separate lawsuit challenging the rule.
The lawsuits argue the rule is arbitrary, exceeds DHS's statutory authority, and departs from the meaning of "public charge" established by Congress.
The states claim the rule could cause immigrants and their families to avoid using public benefits to which they are legally entitled, and that the policy could lead to higher costs for states and local governments because of lower participation in federally funded assistance programs.
However,
as of September 19, 2026, no court has blocked the rule.
Filing the lawsuits does not by itself suspend the effective date.
What Applicants Should Do Now
The practical advice for green card applicants is straightforward but critical:
- Use the correct form. Any Form I-485 filed on or after September 18 must be the 09/18/26 edition. Older editions will be rejected outright.
- Know your filing date. Applications properly filed before September 18 remain under the more favorable 2022 standard, even if USCIS adjudicates the case months or years later.
- Do not panic about benefits.
- Prepare thorough documentation.
- Consult an attorney.
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The new public charge framework marks one of the most significant shifts in green card adjudication in years. With active litigation still unfolding and no court injunction yet in place, the rule is the law of the land for every Form I-485 filed from September 18 forward. Applicants and their sponsors should approach the process with careful preparation and qualified legal guidance.
Clinch Law Firm is monitoring the ongoing litigation and will provide updates as courts act on the pending challenges. If you have questions about how the new public charge rule may affect your green card application, contact our attorneys for a consultation.