A change to the public charge rules is now in effect for many people applying for a green card from within the United States. Under guidance issued by U.S. Citizenship and Immigration Services (USCIS), officers may consider a broader range of public benefits when deciding whether an applicant is likely at any time to become a public charge.
The guidance applies to Forms I-485 postmarked or submitted electronically on or after September 18, 2026, if the applicant is subject to the public charge ground of inadmissibility. The filing date matters, so applicants should not assume that a case will be governed by the new guidance simply because USCIS decides it after September 18.
Who is affected?
Many family-based and employment-based adjustment applicants are subject to a public charge assessment. This includes spouses and other qualifying relatives of U.S. citizens and lawful permanent residents, as well as applicants in several employment-based categories.
Congress has exempted certain applicants. USCIS identifies refugees and asylees, special immigrant juveniles, T and U nonimmigrants, and Violence Against Women Act self-petitioners among the exempt categories. Whether an exemption applies depends on the particular immigration classification, so an applicant should confirm that question before evaluating any benefit history.
What will USCIS consider?
The Immigration and Nationality Act requires officers to consider an applicant's age, health, family status, assets and financial status, and education and skills. USCIS may also consider an affidavit of support, where applicable, and other evidence relevant to the applicant's circumstances. The decision is made individually, based on the totality of the record.
The most consequential change concerns public benefits. For benefits received before September 18, 2026, USCIS says it will consider only the applicant's receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. For means-tested public benefits received on or after September 18, 2026, USCIS says it may consider a broader range of benefits, including food, housing, and other assistance.
Receipt of a benefit does not automatically mean an applicant is inadmissible. Nor does the announcement say that every person in an applicant's household who receives assistance has personally received a benefit for public charge purposes. Those distinctions make it essential to identify the benefit, its recipient, and the dates involved before reaching a conclusion.
Can an affidavit of support resolve the issue?
A properly completed Form I-864, Affidavit of Support, remains important in cases that require one. It is evidence USCIS may consider, but it does not replace the full public charge analysis. Applicants should be prepared to document their broader financial circumstances, including income, employment, assets, education, skills, and any relevant support.
USCIS also describes a public charge bond process for an applicant found inadmissible solely on public charge grounds. An applicant may submit Form I-945 only if USCIS invites the applicant to do so through a Notice of Intent to Deny. A bond is therefore a possible procedure in an individual case, not something applicants can submit in advance as a routine part of filing.
What should applicants do now?
Before filing, applicants should determine whether the public charge ground applies to their category and review any benefits they personally received, especially benefits received on or after September 18, 2026. They should also assemble accurate financial evidence and ensure that any required affidavit of support is complete. Applicants should not discontinue needed assistance or omit information from an immigration filing based on a general description of the rule. The effect of a particular benefit requires a review of the individual facts.
Saluja Law Offices, PLLC assists individuals and families with adjustment of status applications and public charge questions. If you are preparing to file Form I-485 or have received a USCIS request concerning public charge, our office can review how the current guidance applies to your case.
This post provides general information and does not constitute legal advice for any particular person.