Public Charge Rule Takes Effect Sept. 18, 2026: What Changed for Green Card Applicants

The Department of Homeland Security final rule "Public Charge Ground of Inadmissibility" (91 FR 45324, published July 20, 2026) took effect on Sept. 18, 2026. It rescinds most of the 2022 public charge regulations and does not replace them with a new regulatory definition. USCIS issued controlling policy guidance (Policy Alert PA-2026-09) that also takes effect Sept. 18, 2026.

What changed: For Forms I-485 postmarked or electronically submitted on or after Sept. 18, 2026, USCIS officers consider the five statutory factors (age; health; family status; assets, resources and financial status; and education and skills) plus any other factor they deem relevant, including receipt of any means-tested public benefit. For benefits received before Sept. 18, 2026, USCIS says it will consider only public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after that date, USCIS says it may consider any and all means-tested benefits. Officers make case-by-case decisions under the totality of the circumstances.

Who is affected: The public charge ground applies to most people applying to adjust status to lawful permanent residence under family-based and employment-based categories, and to diversity visa immigrants. USCIS lists categories that are exempt, including asylees and refugees, T and U visa holders, VAWA self-petitioners, Special Immigrant Juveniles, and applicants for Temporary Protected Status. It does not apply to U.S. citizens, to people renewing an existing green card, or to naturalization applicants.

Form editions: USCIS says that on or after Sept. 18, 2026 it will reject the 01/20/25 and 09/04/26 editions of Form I-485, and will only accept the 09/18/26 edition. USCIS published a preview of the 09/18/26 edition and its instructions because there is no grace period.

Scope limits: The USCIS guidance applies to Form I-485 adjudications by USCIS. It does not apply to admission decisions at ports of entry handled by CBP, to visa applications decided by the Department of State, or to adjustment cases decided by EOIR immigration judges.

Litigation: A coalition of states filed suit on Sept. 14, 2026 in the U.S. District Court for the Southern District of New York (State of New York v. U.S. Department of Homeland Security, 1:26-cv-07978), with a separate cities lawsuit (City of New York v. DHS, 1:26-cv-07982) and a later Make the Road New York suit (1:26-cv-08129). As of this writing no court order blocking the rule has been issued, and the rule is in effect. Check the Federal Register docket, the USCIS Policy Manual Volume 8 Part G, and the USCIS Form I-485 page for updates.

Sources: Federal Register document 2026-14539 (91 FR 45324); USCIS Policy Alert PA-2026-09 and Policy Manual Volume 8, Part G; USCIS newsroom alert dated Aug. 18, 2026; USCIS Form I-485 page. General information only. This is not legal advice. Public charge outcomes are fact-specific; consult a licensed attorney or DOJ-accredited representative about your own case.