New Public Charge Rule Takes Effect September 18, 2026

What happened

On September 18, 2026, a new Department of Homeland Security public charge rule took effect. DHS published it as a final rule on July 20, 2026. It rescinds the 2022 public charge regulations, which DHS now calls “unduly restrictive,” and restores broader discretion for officers to “evaluate all pertinent facts.”

Public charge is the ground of inadmissibility for people the government decides are likely to depend on public support. The rule removes the 2022 regulations that defined key terms, set out how officers weigh past benefit use and the totality of the circumstances, and listed exemptions and waivers. DHS received 8,846 comments, most of them opposed, and finalized the rule as proposed. It also revised the rules on breach and cancellation of public charge bonds.

Who is affected

The rule applies to:

• applications for adjustment of status (green card inside the US) postmarked or electronically submitted on or after September 18, 2026, and
• applications for admission made on or after that date.

It matters most for family-sponsored immigrants and their sponsors, because public charge is a central issue in family cases. See our public charge guide.

What it means for your move

Under the 2022 rule, only public cash assistance for income maintenance and long-term institutional care at government expense counted. The new rule changes this going forward:

• Benefits received before September 18, 2026 are considered the way the 2022 rule did.
• Any means-tested public benefit received on or after September 18, 2026 may be considered.

Without the detailed 2022 definitions, outcomes depend more on each officer’s judgment of the whole case: age, health, family, income, assets, education and skills, and the sponsor’s Affidavit of Support. DHS said USCIS would issue nonbinding guidance by the effective date to inform, but not decide, these determinations.

If you are applying through marriage or a relative, a strong Affidavit of Support and clear financial evidence matter more now. See our guides to green cards through marriage and sponsoring parents and siblings.

What to do now

• Before applying for any benefit, check with a lawyer or accredited representative how it could affect a future green card application. Some groups, such as refugees and asylees, are exempt from public charge by statute, but whether your category is exempt should be confirmed for your case.
• Gather evidence of income, assets, employment, health insurance and skills.
• Make sure your sponsor’s Affidavit of Support is complete and well documented.
• Use the current edition of Form I-485 listed on uscis.gov.

What happens next

Watch for USCIS policy guidance and any lawsuits challenging the rule. We will update this report if a court blocks it. Follow the US country page and the updates tracker.