The clock is ticking for green card applicants across the United States.
On July 16, 2026, the U.S. Department of Homeland Security announced a final rule rescinding the 2022 public charge regulation, stating that the change aligns public charge determinations more closely with the Immigration and Nationality Act (INA).
The final rule is effective on September 18, 2026, and applies to applications for admission or adjustment of status postmarked or electronically submitted on or after that date.
For hundreds of thousands of immigrants currently navigating the green card process, the implications are significant — and the window to act under the current, more favorable framework is closing fast.
What Is Changing
Under the current rule, USCIS officers can only consider a very short list of benefits: cash assistance programs like Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF), and long-term care in an institution paid by the government. Programs like Medicaid, SNAP (food stamps), CHIP, and housing assistance are not considered at all.
That is about to change dramatically.
DHS has issued a final regulation rescinding the public charge regulation that has applied to adjustment of status applications since December 2022
and is replacing it with a fundamentally different approach.
The expanded public charge policy will give USCIS officers broad discretion to determine whether an applicant is likely to become financially dependent on the government and is expected to expand the types of government benefits and factors to be considered by adjudicators.
Under the new framework, most forms of Medicaid are now included (with limited exceptions for emergency care or certain pregnancy-related services).
SNAP benefits are no longer "safe" for adjustment of status purposes, and housing assistance — including Section 8 Housing Choice Vouchers and Project-Based Rental Assistance — will also be in play.
The new rule deliberately avoids defining a strict list of penalized public programs, which means officers can weigh a wider range of local, state, and federal benefits.
The government is not replacing the current 2022 rule with a new rule — it is simply removing it, leaving the INA statute and whatever policy guidance the government may later release on public charge.
Why DHS Made the Change
DHS stated that the 2022 Final Rule was "not the best implementation of the statute," calling it "inconsistent with congressional intent, unduly restrictive," and said that rescission restores broader discretion for DHS officers to evaluate all pertinent facts.
The Department stated that the rule is intended to align public charge determinations more closely with congressional intent that non-citizens be self-reliant and not dependent on taxpayer-funded public benefits.
In place of the 2022 framework, DHS will roll out a new, broader public charge standard through updated policy guidance, meaning applicants filing for adjustment of status after the effective date should expect significantly greater scrutiny of their financial circumstances.
The Transition Framework: What Is Protected
There is a crucial transition provision that applicants need to understand.
DHS has confirmed that the receipt of previously excluded means-tested public benefits before September 18, 2026, will not be treated as a negative factor — those past benefits will be evaluated consistently with the 2022 protections. However, if an applicant continues to receive these newly scrutinized benefits on or after the effective date, DHS will consider that ongoing receipt as part of the "totality of the circumstances."
Equally important:
the new criteria apply to any Form I-485 application postmarked or submitted electronically on or after September 18, 2026, while applications filed before this date are evaluated under the previous 2022 framework.
USCIS will publish a new version of the Form I-485, and older versions submitted or postmarked on or after September 18, 2026, will be rejected outright.
Who Is Exempt
Not all green card applicants are subject to public charge review.
The following applicants filing for adjustment based on their current status are exempt from the public charge ground: refugees, asylees, Special Immigrant Juveniles, Cubans filing under the Cuban Adjustment Act, T visa holders, U visa holders, and self-petitioners under the Violence Against Women Act (VAWA).
Nonimmigrant visa holders — including TN, H-1B, L-1, and similar work visa categories — are generally not subject to the public charge ground for purposes of their nonimmigrant status.
However, one important caveat from immigration practitioners:
asylees, refugees, T and U visa holders, SIJs, and VAWA self-petitioners who used benefits while in their protected status face no consequence today if they adjust through a family petition — but that protection is likely going away.
The Chilling Effect
Advocacy groups and policy researchers have raised serious concerns about the rule's broader impact on immigrant communities.
DHS estimated that about 588,000 applicants per year would be subject to the public charge review, but the agency estimates about 950,000 individuals would disenroll from federal benefits as a result of the new rule.
The new rule will likely lead many people in immigrant families, including citizen children, to disenroll from or forgo health coverage and other types of assistance even if they are eligible and not subject to public charge determinations due to "chilling effects" of fear and confusion.
Many eligible families are already disenrolling from healthcare and nutrition programs out of fear, which often hurts U.S. citizen children who are fully entitled to assistance. Crucially, benefits used by U.S. citizen family members generally do not count against the applicant.
What Applicants Should Do Now
Immigration attorneys across the country are delivering a consistent message: act before September 18.
Practitioners are encouraged to file adjustment applications before that date to take advantage of the current public charge definition.
Here is what experts recommend:
1. File Form I-485 before September 18, 2026, if eligible.
Applicants whose cases were properly filed before September 18, 2026, are generally evaluated under the policy that applied when they filed.
This is the single most impactful step available to eligible applicants right now.
2. Review your benefits history.
Determine if you or your dependents have used Medicaid, SNAP, or housing assistance recently, and start collecting tax returns, pay stubs, and proof of assets now.
3. Understand the totality-of-the-circumstances test.
The broader standard does not mean that receiving means-tested Medicaid benefits, SNAP, housing assistance, or another benefit will automatically result in a green card denial — benefit use will be one factor within a larger totality-of-the-circumstances review.
4. Do not disenroll from benefits without legal advice.
Public charge immigration policy never alters immigrant eligibility for public benefits.
Dropping benefits preemptively — especially for U.S. citizen children — may cause real harm without any immigration benefit.
5. Consult an immigration attorney.
Whether you're pursuing family-based or employment-based immigration, having an experienced attorney review your application before submission helps identify potential issues early. Officers make judgment calls on these cases, and a well-documented application puts you in the strongest position possible.
Looking Ahead
USCIS is expected to revise its Policy Manual guidance before the new rule takes effect.
It is also worth noting that several organizations plan to challenge this change in court.
A similar Trump public charge regulation, implemented in 2019, was ruled illegal by a federal court and struck down.
Whether or not legal challenges succeed, the September 18 deadline is real and approaching rapidly. For applicants who are eligible to file today, the calculus is straightforward: the current standard is more favorable, and every day that passes narrows the window to take advantage of it.
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This article is for informational purposes only and does not constitute legal advice. If you have questions about how the new public charge rule affects your specific immigration case, consult a qualified immigration attorney.