The Trump administration has finalized a major change to the public charge rules used in certain Green Card cases. The new rule is scheduled to be published on July 20, 2026, and is expected to take effect on September 18, 2026.

Here is the USCIS post about this: https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-rescinds-2022-public-charge-regulation

The new policy rescinds the narrower public charge regulations adopted in 2022 under Biden’s administration, and gives immigration officers much broader discretion to evaluate whether an applicant is likely to depend on government assistance in the future.

Although some reports describe the change as a return to the 2019 public charge rule, the new regulation does not simply reinstate the exact 2019 framework. Instead, it removes many of the definitions and restrictions contained in the 2022 rule and permits officers to consider a wider range of facts and public benefits on a case-by-case basis.

What Is the Public Charge Rule?

Under U.S. immigration law, certain applicants may be denied admission or Adjustment of Status if immigration authorities determine that they are likely at any time to become a public charge.

A public charge determination is prospective. USCIS does not look only at whether the applicant currently receives government assistance. The officer evaluates whether the person is likely to become dependent on public resources in the future.

The government must consider several factors, including:

The applicant’s age;
Health and medical conditions;
Family size and family circumstances;
Income, assets and financial resources;
Education, employment history and professional skills;
Prior or current use of means-tested public benefits; and
A required Form I-864 Affidavit of Support.

No single factor should automatically determine the outcome. However, the new rule gives officers greater discretion to decide how much weight to assign to each fact.

What Is Changing?

Under the 2022 rule, USCIS generally focused on public cash assistance for income maintenance and long-term institutional care paid for by the government.

The new rule removes those narrow limitations. Beginning on the effective date, USCIS officers may consider an applicant’s application for, approval for, certification for or receipt of any means-tested public benefit as part of the totality of the circumstances.

Benefits that may receive increased scrutiny can include:

Medicaid;
Supplemental Nutrition Assistance Program benefits, commonly called SNAP or food stamps;
Children’s Health Insurance Program benefits;
Housing vouchers and subsidized housing;
Supplemental Security Income;
Temporary Assistance for Needy Families;
State or local cash assistance;
Government-funded long-term institutional care; and
Other federal, state or local means-tested programs.

The rule does not establish a simple formula under which receiving a particular benefit automatically results in denial. It also does not adopt the former 2019 rule’s specific 12-month-within-36-month threshold.

Instead, the officer will evaluate the type of benefit, the reason it was received, the amount and duration of assistance, the applicant’s current circumstances and the likelihood of future dependence.

When Will the New Rule Apply?

The new standard is expected to apply to:

Applications for Adjustment of Status postmarked or electronically filed on or after September 18, 2026; and
Applications for admission made on or after that date.

Adjustment applications properly filed before the effective date should generally continue to be evaluated under the 2022 regulatory framework.

The rule is also prospective in its treatment of benefits that were previously excluded. Benefits such as SNAP, ordinary Medicaid, food assistance and housing assistance received before the effective date should generally continue to be treated under the 2022 rule.

However, cash assistance for income maintenance and long-term institutionalization at government expense received before the effective

date may still be relevant because those benefits were already considered under the existing rule.

Does Receiving Medicaid or Food Assistance Automatically Prevent a Green Card?

No. Receipt of a public benefit does not automatically establish that someone is likely to become a public charge.

USCIS must still evaluate the complete circumstances of the case. For example, temporary Medicaid coverage during a period of unemployment may be viewed differently from a long history of dependence combined with no employment prospects, limited resources and serious health concerns.

Applicants may be able to present favorable evidence, such as:

Stable employment;
A strong employment history;
Professional licenses or degrees;
Health insurance;
Savings and other assets;
A sufficient household income;
Evidence that prior benefit use was temporary;
A credible employment offer;
Financial assistance from a qualified sponsor; and
A properly completed and sufficient Affidavit of Support.

A sufficient Form I-864 remains important, but it may not eliminate all public charge concerns by itself.

Will Benefits Received by U.S. Citizen Children Count Against Their Parents?

Generally, USCIS will not treat benefits received by a family member as though they were received directly by the Green Card applicant.

For example, a U.S. citizen child’s Medicaid, CHIP or food benefits ordinarily should not automatically be counted as benefits received by the immigrant parent.

However, the family’s financial circumstances may still be relevant. USCIS may consider evidence that:

The applicant’s income is low enough that dependents qualify for assistance;
A family member’s benefits are being used as the applicant’s source of financial support; or
The household’s overall circumstances indicate that the applicant is likely to depend on government assistance.

Families should not cancel medical care, food assistance or other benefits without first obtaining individualized legal advice. The immigration consequences will depend on who receives the benefit, the type of program and the basis for eligibility.

Who Is Most Likely to Be Affected?

The rule will primarily affect applicants subject to the public charge ground of inadmissibility, including many people applying for:

Marriage-based Green Cards;
Family-sponsored Green Cards;
Certain employment-based Green Cards;
Adjustment of Status inside the United States; and
Admission to the United States in a category subject to public charge review.

The Department of State separately handles immigrant visa applications filed through U.S. consulates abroad. The DHS rule does not directly replace the State Department’s separate public charge standards, although consular officers also conduct financial admissibility reviews under immigration law.

Who Is Exempt?

Certain humanitarian and special immigration categories remain exempt from the public charge ground under federal law.

Depending on the particular Green Card category, exemptions may apply to:

Refugees adjusting status through the refugee process;
Asylees adjusting status based on asylum;
VAWA self-petitioners;
Certain T visa holders and trafficking victims;
Certain U visa holders and qualifying crime victims;
Special Immigrant Juveniles;
Certain Cuban Adjustment Act applicants; and
Other categories specifically protected by statute.

Removing the regulatory list of exemptions does not eliminate exemptions that Congress created by law.

A person who previously held an exempt status may still be subject to public charge review if that person later applies for a Green Card through a different, nonexempt category. For example, someone with Temporary Protected Status who later applies through a family or employment petition may be evaluated under the rules applicable to that new Green Card category.

Does the Rule Affect Current Green Card Holders?

The public charge ground generally does not apply to:

Routine Green Card renewals;
Applications for U.S. citizenship;
Benefits received by U.S. citizens; or
Most lawful permanent residents simply because they use a benefit for which they are eligible.

The new rule concerns admission and Adjustment of Status. It does not create a general rule automatically deporting Green Card holders who receive government assistance.

However, a lawful permanent resident who spends an extended period outside the United States and is treated as seeking a new admission may face a different legal analysis.

What Should Green Card Applicants Do Now?

Applicants who may be subject to public charge review should begin gathering detailed financial evidence before filing.

Important documentation may include:

Federal tax returns and IRS transcripts;
Pay stubs and employment verification;
Bank and investment statements;
Property and asset records;
Health insurance evidence;
Educational degrees and professional licenses;
Evidence of job skills and employment prospects;
Form I-864 financial documentation;
Records identifying who actually received any public benefit;
The dates, amount and reason for receiving assistance; and
Evidence showing that benefit use was temporary or connected to special circumstances.

Applicants must answer Form I-485 questions truthfully. Failing to disclose requested information can create a separate and potentially more serious fraud or misrepresentation problem.

Conclusion

The new public charge rule significantly increases the discretion available to immigration officers and broadens the types of public assistance that may be considered in Green Card cases filed on or after September 18, 2026.

Receipt of Medicaid, food assistance, housing support or another benefit will not necessarily result in denial. Nevertheless, applicants can expect more detailed questions about their income, health, employment, education, assets, household circumstances and history of public assistance.

Anyone preparing to file Form I-485 should have both the immigrant applicant’s and the sponsor’s financial circumstances carefully reviewed before submission. Applicants should not assume that an approved family or employment petition guarantees approval of the Green Card application.

The rule may also face litigation or additional agency guidance before or after its effective date. Green Card applicants should obtain updated legal advice before filing or making decisions about public-benefit enrollment.

Shepelsky Law Group assists immigrants and families with Adjustment of Status, family immigration, employment-based immigration and complex inadmissibility issues. If you are ready to legalize in the U.S., contact Shepelsky Law Group at: Telephone: (718) 769-6352 Website: www.ShepelskyLaw.com