Applying for a Green Card? What You Should Know About the New Public Charge Changes
Updated: Sep 8
For many people applying for a Green Card, the term “public charge” can be confusing.
Applicants often have questions about what public charge means, whether receiving certain government benefits could affect their immigration case, and how United States Citizenship and Immigration Services (“USCIS”) considers this issue during the Green Card process.
Recent changes to the public charge rules make understanding these questions especially important.
Beginning September 18, 2026, a new public charge framework will take effect. The changes affect how USCIS evaluates certain applicants for permanent residence and the information that may be considered as part of that determination.
Understanding the new rules can help applicants know what to expect and properly prepare their applications.
What Is the Public Charge Rule?
Under U.S. immigration law, certain individuals seeking admission to the United States or applying for permanent residence must demonstrate that they are not likely at any time to become a public charge.
A public charge determination looks at the applicant’s circumstances and whether the person is likely to become a public charge in the future.
When making this determination, immigration law requires officers to consider several factors, including the applicant’s:
Age
Health
Family status
Assets, resources, and financial status
Education and skills
Depending on the immigration category, USCIS may also consider a required Form I-864, Affidavit of Support Under Section 213A of the INA.
What Is Changing on September 18, 2026?
The most important change is that Department of Homeland Security (“DHS”) is rescinding the public charge regulations that have been in place since 2022.
Under the 2022 rule, USCIS generally limited its consideration of public benefits to certain forms of cash assistance for income maintenance and long-term institutionalization at government expense.
Beginning September 18, 2026, USCIS will have broader discretion when evaluating whether an applicant is likely to become a public charge. This includes considering an applicant’s application for approval or certification to receive, or receipt of certain means-tested public benefits, along with other factors related to the applicant’s individual circumstances.
Receiving a public benefit, however, does not automatically mean that an applicant will be considered a public charge.
This represents an important change from the more limited framework established under the 2022 rule.
What Are “Means-Tested Public Benefits”?
Generally, a means-tested public benefit is a government-funded benefit for which eligibility depends on a person’s income or financial resources.
The new rule does not provide a single comprehensive list of every benefit that USCIS may consider. Instead, DHS explains that the public charge analysis may include certain means-tested public benefits, including both cash and non-cash benefits.
However, not all government benefits fall into this category. Benefits that are not means-tested, as well as certain earned benefits such as Social Security benefits, government pensions, unemployment insurance, and veterans’ benefits, are not considered means-tested public benefits for this purpose.
Because eligibility requirements vary among government benefit programs, whether a particular benefit may be relevant to a public charge determination will depend on the specific benefit and the applicant’s individual circumstances.
Does Receiving a Public Benefit Automatically Make Someone Inadmissible?
No.
Receiving or applying for a means-tested public benefit does not automatically mean that a Green Card application will be denied.
USCIS must consider the applicant’s circumstances as a whole. This may include the type of benefit received, how long it was received, the amount received, the reason it was needed, whether the circumstances that created the need are temporary or ongoing, and the applicant’s overall prospects for self-sufficiency.
In other words, receiving a particular benefit may be one factor in the public charge analysis, but it does not by itself determine that an applicant is inadmissible.
What About Benefits Received by Family Members?
USCIS generally does not attribute a family member's public benefits directly to the applicant, and does not treat benefits received by a family member as though the applicant had received them.
However, the applicant's own financial circumstances remain relevant, and USCIS may consider a family member's receipt of means-tested benefits as evidence bearing on the applicant's financial status. For example, if a family member the applicant is legally obligated to support receives means-tested benefits because the applicant's income falls below the qualifying threshold for that program, USCIS may treat that as evidence of the applicant's own financial circumstances as part of the totality-of-the-circumstances analysis.
This distinction can be especially important for families in which a U.S. citizen spouse or child receives benefits for which that family member independently qualifies, since those benefits are not attributed to the applicant absent this kind of connection to the applicant's own finances.
Are Any Applicants Exempt From the Public Charge Rule?
Not everyone applying for a visa, admission, or adjustment of status is subject to the public charge ground of inadmissibility. Congress and DHS have identified a number of categories of applicants who are exempt by statute or regulation, meaning the public charge ground does not apply to them at all.
Common exempt categories include:
Refugees and asylees
Certain victims of trafficking or qualifying criminal activity applying for adjustment of status based on T or U nonimmigrant status
Self-petitioners under the Violence Against Women Act (VAWA), and certain other battered “qualified aliens”
Special immigrant juveniles
Applicants adjusting status under the Cuban Adjustment Act, and certain related Cuban, Haitian, Nicaraguan, Central American, and Liberian adjustment programs
Afghan and Iraqi nationals who worked for or on behalf of the U.S. government
Applicants for registry or Temporary Protected Status (TPS)
Certain American Indians born in Canada, and a number of other narrow statutory categories
This is not a complete list, and eligibility for an exemption depends on an applicant’s specific immigration history and category. Applicants who believe they may qualify for an exemption should confirm their eligibility with an experienced immigration attorney before filing.
Being exempt from the public charge ground of inadmissibility also does not necessarily excuse an applicant from other, separate requirements, such as filing Form I-864, Affidavit of Support, in certain adjustment of status cases. These are distinct requirements, and an attorney can help confirm which apply to a specific case.
A Few Common Misconceptions
Being a child does not, by itself, exempt an applicant from the public charge ground of inadmissibility.
Being pregnant or having recently been pregnant does not create an exemption, although USCIS may take the temporary nature of the pregnancy into account when weighing the applicant’s overall circumstances.
A fee waiver granted for a past immigration benefit request is different from a fee exemption. A fee waiver may be considered as one factor in a public charge determination, while a fee exemption is not considered at all.
What Happens to Benefits Received Before September 18, 2026?
The effective date of the new rule is important.
The new rule applies to applications for admission made on or after September 18, 2026, and to adjustment of status applications postmarked or electronically submitted on or after that date.
DHS has also clarified that means-tested public benefits that were previously excluded from consideration and were received before September 18, 2026, will continue to be treated under the 2022 rule.
Therefore, both the timing of an immigration filing and when a particular benefit was received may be important when determining how the new rule applies to an individual case.
Form I-485 Is Also Changing
The public charge changes are also reflected in Form I-485, Application to Register Permanent Residence or Adjust Status.
The revised Form I-485 includes questions that reflect the new public charge framework and may require applicants to provide information about their past or current receipt of means-tested public benefits, including the type of benefit, dates received, amount, and reason for receiving it.
For applicants filing on or after the effective date, carefully reviewing the correct edition of Form I-485 and providing complete and accurate information will be particularly important.
Why Proper Preparation Matters
The new public charge framework places greater emphasis on the individual circumstances of each applicant.
An applicant’s financial situation, health, family circumstances, education and skills, receipt of means-tested public benefits, and other relevant information may be considered as part of the public charge analysis.
For applicants who have received public assistance or have questions about their financial circumstances, understanding how the new rule applies before submitting Form I-485 may help avoid incomplete information, mistakes, or unnecessary complications during the immigration process.
Final Thoughts
The public charge framework changing on September 18, 2026 gives USCIS broader discretion, but it does not create an automatic bar for applicants who have received public benefits. Because both the public charge analysis and the information requested on Form I-485 are changing, understanding how the new framework applies to your circumstances before filing for adjustment of status is important.
If you have questions about the new public charge rule or how receiving public benefits may affect your immigration case, consulting with an experienced immigration attorney can help you understand how these changes may apply to your particular situation.
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