DHS Rescinds 2022 Public Charge Rule: What It Means for Green Card Applicants

If you're applying for a green card or planning to, a new federal rule will change how immigration officers weigh your use of public benefits. The Department of Homeland Security (DHS) has finalized a rule rescinding the 2022 public charge regulation. The rule is scheduled to be published July 20 and will take effect September 18, 2026.

Here's what the change means and what applicants should know before then.

What is the public charge test

Under the Immigration and Nationality Act, certain people applying for admission or adjustment of status can be found inadmissible if immigration officers determine they are likely at any time to become a public charge. The 2022 rule defined that primarily in terms of dependence on cash assistance or government-funded long-term institutional care. The new rule removes that regulatory definition and gives officers broader discretion to consider the applicant’s circumstances.

What's changing

The 2022 rule limited public charge review mostly to cash assistance for basic living expenses and government-funded long-term institutional care. The new rule removes those limits and restores a broader, case-by-case review.

Starting September 18, 2026, USCIS officers will evaluate the totality of an applicant's circumstances, including:

• Age, health, and family status
• Financial resources and assets
• Education and skills
• Evidence of self-sufficiency
• Application for, approval or certification to receive, or receipt of means-tested public benefits, including programs such as Medicaid, SNAP, and means-tested housing assistance, on or after the effective date

The rule also changes how public charge bonds work. For bonds submitted on or after September 18, receipt of any means-tested public benefit can constitute a breach. Bonds submitted and accepted before the effective date will remain subject to the earlier standard.

Who this applies to

The rule covers foreign nationals applying to adjust status to lawful permanent residence from inside the United States, along with those seeking admission as immigrants or nonimmigrants. It does not apply to categories Congress has exempted from public charge review, including refugees, asylees, Special Immigrant Juveniles, certain trafficking and crime victims, and VAWA self-petitioners. USCIS says these exemptions will continue to appear on Form I-485 and in Policy Manual guidance.

When benefits start counting

USCIS will only weigh means-tested benefits received on or after September 18, 2026, the date the new framework becomes operational. Benefits received before that date will generally be considered only if they were cash assistance for income maintenance or government-funded long-term institutional care, the same narrower standard that applied under the 2022 rule.

USCIS has also revised Form I-485 to collect broader information about means-tested public benefits. Applicants filing on or after the effective date should check the USCIS website for the correct form edition and any transition instructions before submitting their application.

What this means for applicants

If you file Form I-485 on or after September 18, 2026, your use of means-tested public benefits such as Medicaid, SNAP, or housing assistance could become a factor in your public charge determination. Applications properly filed before that date will generally remain subject to the 2022 rule, even if they are still pending after September 18. A few things worth knowing:

• Benefits received by family members generally will not be treated as benefits received by the applicant. However, related facts can still be relevant to the applicant’s broader financial circumstances.
• The rule does not eliminate statutory exemptions created by Congress. Refugees, asylees, Special Immigrant Juveniles, certain trafficking and crime victims, and VAWA self-petitioners remain exempt when applying through qualifying categories. Benefits received while someone was in an exempt status may nevertheless be considered later if that person applies through a different category that is subject to the public charge ground.
• Because the review is now more discretionary, applicants may want to be prepared to document their financial resources, employment, and overall self-sufficiency more thoroughly than under the 2022 standard.

This is a significant shift, and how officers apply it in practice will likely take shape over the following months. If you're weighing whether to use a public benefit or how to prepare your application under the new standard, it's worth getting advice specific to your situation.

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