USCIS Rescinds 2022 Public Charge Rule: What Green Card Applicants Need to Know Before September 18, 2026

The Department of Homeland Security ("DHS") has announced a significant policy shift that will affect many individuals seeking Lawful Permanent Residence ("LPR") in the United States.

Beginning September 18, 2026, U.S. Citizenship and Immigration Services ("USCIS") will implement a new public charge regulation after formally rescinding the 2022 Biden-era rule governing public charge determinations.

The change signals another major shift in immigration policy under the current administration and will have practical consequences for applicants filing for adjustment of status, immigrant visas, and other immigration benefits where public charge inadmissibility is at issue.

If you are planning to apply for a Green Card, understanding these changes—and preparing your application accordingly—will be more important than ever.

What Is the Public Charge Rule?

The Immigration and Nationality Act ("INA") has long provided that an individual may be found inadmissible if immigration authorities determine that the person is likely at any time to become a public charge.

A public charge determination does not examine whether someone has ever received a government benefit alone. Instead, USCIS evaluates whether the applicant is likely to become primarily dependent on government assistance in the future.

Congress has directed immigration officers to consider the applicant's totality of the circumstances, including statutory factors such as:

• Age

• Health

• Family status

• Assets, resources, and financial status

• Education and skills

• Any required Affidavit of Support

These factors have always formed the foundation of public charge analysis.

What Changed Under the 2022 Rule?

The regulation adopted in 2022 significantly narrowed the scope of what USCIS officers could consider during public charge determinations.

Under that framework, DHS generally limited consideration of public benefits and adopted a more restrictive interpretation of the statutory public charge provisions.

Critics argued that the regulation prevented immigration officers from evaluating the full range of evidence that Congress intended them to consider.

What Does the New Rule Do?

The newly issued final rule rescinds the 2022 regulation and restores broader discretion to USCIS officers.

According to DHS, officers will once again evaluate all relevant facts and circumstances surrounding an applicant when determining whether the individual is likely to become a public charge.

The agency states that the change is intended to better align immigration policy with Congressional intent that immigrants admitted for permanent residence should generally be self-supporting rather than dependent on taxpayer-funded assistance.

Although the regulation expands the range of information officers may consider, it does not mean that receiving a public benefit automatically results in denial.

Public charge determinations remain individualized assessments based on the totality of each applicant's circumstances.

Who Will Be Affected?

The new rule will primarily affect individuals applying for:

• Adjustment of Status (Form I-485)

• Immigrant visas processed through U.S. consulates abroad

• Certain applicants seeking admission to the United States where the public charge ground applies

Importantly, not every immigration category is subject to the public charge ground of inadmissibility.

Numerous humanitarian categories—including many refugees, asylees, VAWA self-petitioners, certain Special Immigrant Juveniles, and other protected classifications—are exempt under federal law.

Because exemptions vary depending on the immigration category, applicants should obtain legal advice before assuming the rule applies to their case.

A New Form I-485 Is Coming

USCIS has also announced that it will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status, to implement the new regulation.

This is an important procedural development. Beginning September 18, 2026:

• USCIS will require use of the revised Form I-485.

• Older editions of the form will not be accepted if postmarked or electronically submitted on or after the effective date.

• Applications filed using outdated forms may be rejected, resulting in costly delays and, in some cases, missed filing opportunities.

Applicants planning to file near the effective date should ensure they are using the correct edition of the form.

Why This Matters

Public charge findings can have serious consequences. An adverse determination may result in:

• Denial of adjustment of status;

• Denforcement of inadmissibility findings during immigrant visa processing;

• Significant delays while USCIS requests additional evidence; or

• Increased scrutiny of an applicant's financial circumstances.

Given the broader discretion restored under the new regulation, carefully documenting financial stability, employment, assets, education, and family support will become increasingly important in many adjustment cases.

Our Perspective

Changes to the public charge rule have become one of the most litigated and politically contested areas of U.S. immigration law over the past decade.

As presidential administrations have changed, the governing standards have shifted repeatedly through regulations, litigation, injunctions, and policy guidance.

For applicants, these policy changes create uncertainty and increase the importance of strategic case preparation.

Every applicant's circumstances are unique. Financial history, employment, family support, medical issues, household size, and sponsorship documentation should all be evaluated carefully before filing.

A properly prepared application can often address potential concerns proactively rather than waiting for USCIS to issue a Request for Evidence ("RFE") or Notice of Intent to Deny ("NOID").

Planning to Apply for a Green Card?

If you are preparing to file Form I-485 or have concerns about how the new public charge regulation may affect your eligibility, experienced legal guidance can help ensure your application is thoroughly prepared before submission.

Our firm represents individuals, families, and professionals in complex adjustment of status and immigrant visa matters nationwide.

We stay at the forefront of evolving immigration policies so our clients can make informed decisions and avoid unnecessary delays.

Disclaimer: This article is not legal advice and should not be relied upon as a substitute for advice from a qualified immigration attorney.