Public Charge Rule 2026: Frequently Asked Questions

New rules for how the U.S. government determines whether someone is likely to become a “public charge” took effect on September 18, 2026.

The change gives immigration officers broader discretion to consider an applicant’s use of means-tested public benefits, including benefits that generally could not be considered under the previous policy.

But receiving a public benefit does not automatically mean your green card application will be denied, and the public charge test does not apply to everyone.

Here are answers to some of the most common questions about the new policy.

What is the public charge rule?

Under U.S. immigration law, certain people can be denied admission to the United States or permanent residence if immigration officials determine that they are likely at any time to become a public charge.

When making that determination, immigration officers must consider several factors, including an applicant’s:

• Age
• Health
• Family status
• Assets, resources, and financial status
• Education and skills

For many family-based immigrants, officers can also consider the required Affidavit of Support from a financial sponsor.

Learn more about the public charge rule. 

What changed on September 18, 2026?

The Department of Homeland Security (DHS) rescinded the public charge regulations adopted in 2022.

The 2022 rule generally limited the public benefits considered in a public charge determination to cash assistance for income maintenance and government-funded long-term institutional care.

Under the new policy, U.S. Citizenship and Immigration Services (USCIS) officers have broader discretion to consider an applicant’s circumstances, including their application for, approval or certification to receive, or receipt of means-tested public benefits.

Which public benefits can USCIS consider?

The new policy does not provide a single exhaustive list of benefits that could be considered.

However, DHS has said the expanded review can include means-tested benefits that were generally excluded under the 2022 rule, including programs such as:

• Medicaid
• Supplemental Nutrition Assistance Program (SNAP), sometimes called food stamps
• Children’s Health Insurance Program (CHIP)
• Means-tested housing assistance
• Other federal, state, Tribal, territorial, or local means-tested benefits

The type of benefit is only one part of the public charge determination. Officers must consider the applicant’s overall circumstances.

Does Medicaid count under the public charge rule?

Means-tested Medicaid can now be considered if an applicant applies for it, is approved or certified to receive it, or receives it on or after September 18, 2026.

That does not mean using Medicaid automatically makes someone a public charge. Benefit use is one factor immigration officers can consider as part of the broader review.

Does SNAP or food assistance count?

Yes. SNAP can now be considered in a public charge determination if the applicant applies for it, is approved or certified for it, or receives it on or after September 18, 2026.

SNAP generally could not be considered under the 2022 rule.

Again, receiving SNAP does not automatically result in a public charge finding.

Does housing assistance count?

Means-tested housing assistance may now be considered as part of the public charge review.

As with other benefits, receiving housing assistance does not automatically make an applicant inadmissible. Officers consider benefit use alongside other factors such as the applicant’s finances, health, family circumstances, education, and skills.

Does applying for a benefit count even if I never receive it?

Potentially, yes.

The new policy allows USCIS to consider whether an applicant applied for, was approved or certified to receive, or actually received a means-tested public benefit.

That is broader than looking only at benefits an applicant ultimately received.

Will benefits I received before September 18, 2026 count?

The expanded policy is generally not retroactive.

Means-tested benefits that were excluded under the 2022 rule are considered under the new policy if the applicant applied for them, was approved or certified to receive them, or received them on or after September 18, 2026.

Benefits received before that date generally remain subject to the narrower rules that were in effect at the time.

What if my child receives Medicaid, SNAP, or another public benefit?

Benefits received by a child or other family member generally are not treated as benefits received by the green card applicant.

For example, if a U.S. citizen child receives Medicaid, that does not mean their immigrant parent is considered to have received Medicaid.

However, facts surrounding a family member’s benefits may still be relevant to the applicant’s broader financial circumstances in some cases.

What if my spouse receives public benefits?

The same general principle applies: USCIS generally considers benefits received by the applicant, not benefits received independently by a spouse or another household member.

There may be situations where a household member’s benefits are relevant to the overall financial picture, however, so applicants with questions about their particular circumstances may want to seek legal advice.

Does receiving a public benefit automatically mean my green card will be denied?

No.

A public charge determination is based on the totality of the applicant’s circumstances.

Immigration officers consider factors including age, health, family status, financial resources, education, skills, and relevant use of public benefits. No single factor necessarily determines the outcome of the case.

Does the public charge rule apply to marriage green cards?

Generally, yes. Applicants seeking a marriage-based green card can be subject to the public charge ground of inadmissibility.

Most marriage-based green card cases also require the sponsoring spouse to submit Form I-864, Affidavit of Support, demonstrating that the sponsor meets the applicable financial requirements.

Does having a financial sponsor mean the public charge rule doesn’t apply to me?

No.

For many family-based green card applicants, an eligible sponsor must submit Form I-864 and demonstrate sufficient income or assets.

A sufficient Affidavit of Support is important, but it is not necessarily the only factor considered in a public charge determination. Immigration officials can also look at the applicant’s age, health, family circumstances, finances, education, skills, and other relevant information.

What if my sponsor doesn’t meet the income requirement?

Depending on the case, a joint sponsor or qualifying household member may be able to help meet the Affidavit of Support requirement.

The petitioner generally still has to submit an Affidavit of Support even when a joint sponsor is used.

Who is exempt from the public charge rule?

The public charge ground of inadmissibility does not apply to everyone.

Federal law provides exemptions for certain immigration categories, including:

• Refugees
• Asylees
• Certain Special Immigrant Juveniles
• Certain trafficking victims
• Certain victims of qualifying crimes
• Certain Violence Against Women Act (VAWA) self-petitioners

Other exemptions may also apply.

Whether someone is subject to the public charge test depends on the immigration category and circumstances of the case.

What changed on Form I-485?

USCIS revised Form I-485, Application to Register Permanent Residence or Adjust Status, as part of the new public charge policy.

The revised form asks applicants for broader information about whether they have applied for, been approved or certified to receive, or received means-tested public benefits.

Applicants filing on or after September 18, 2026 should use the current edition of Form I-485 and follow the latest USCIS filing instructions.

What if I filed Form I-485 before September 18?

Applications for adjustment of status properly filed before September 18, 2026 generally remain subject to the previous public charge framework, even if USCIS decides the case after the new policy takes effect.

The new rule applies to adjustment applications postmarked or electronically submitted on or after September 18.

Does the public charge rule apply to people applying for green cards from outside the United States?

Public charge can also apply to people seeking immigrant visas through a U.S. embassy or consulate, but the Department of State, rather than USCIS, makes the public charge determination in consular cases.

Federal law requires consular officers to consider factors including the applicant’s age, health, family status, financial resources, education, and skills. In applicable family-based cases, an Affidavit of Support is also required.

The State Department has its own guidance for determining whether a visa applicant is likely to become a public charge.

What is a public charge bond?

A public charge bond may give some immigrant visa applicants who have been found inadmissible on public charge grounds another way to overcome that finding.

In August 2026, the State Department announced that it had begun using public charge bonds for select immigrant visa applications under a pilot program.

Applicants should not apply for a bond unless instructed to do so. If a bond may be appropriate, a consular officer will notify the applicant. The bond amount is determined based on the circumstances of the individual case.

Does the public charge rule affect citizenship applications?

Public charge is not a test that applicants must pass when applying for U.S. citizenship.

The September 2026 DHS rule does not change the eligibility requirements for naturalization.

Separate provisions of immigration law address deportability on public charge grounds in limited circumstances, but those rules are different from the public charge test used when someone applies for admission or adjustment of status.

Should I stop using public benefits because of the new rule?

Don’t assume that you or your family should stop using benefits simply because the public charge policy has changed.

Whether a benefit could affect an immigration case depends on several factors, including who receives the benefit, what type of benefit it is, when the person applied for or received it, the applicant’s immigration category, and their broader circumstances.

Before giving up benefits that you or your family may be eligible to receive, consider speaking with an immigration attorney about how the public charge rule applies to your specific situation.

Is the new public charge rule being challenged in court?

Yes.

In September 2026, a coalition of states and the District of Columbia filed a federal lawsuit challenging the new public charge policy. A separate group of local governments, including New York City, Chicago, San Francisco, and Seattle, also sued to block the rule.

The lawsuits argue, among other things, that the policy violates federal administrative law and gives immigration officials too much discretion. The federal government is defending the rule.

The lawsuits do not, by themselves, stop the policy from taking effect. Boundless will continue monitoring the litigation and update this article if a court changes when or how the rule applies.

What should green card applicants do now?

If you’re preparing to apply for a green card, make sure you’re using the current version of Form I-485 and understand whether the public charge test applies to your immigration category.

If you receive public benefits or have questions about your finances, sponsorship, or how the new rules could affect your application, getting advice before you file can help you understand your options.

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