The United States Citizenship and Immigration Services (USCIS) has issued new guidance that will change how officers evaluate green card applicants under the public charge requirement, with the new rules taking effect on Friday, September 18, 2026. As reported on Wednesday, August 19, by The Times of India, the updated policy explains how USCIS officers will decide whether someone applying to adjust their status to lawful permanent resident is likely, at any time in the future, to become primarily dependent on government support.
How USCIS Will Assess Green Card Applicants Under the New Framework
A public charge is broadly defined as an immigrant expected to rely mainly on government assistance for their livelihood. Under the new framework, officers will weigh five statutory factors: the applicant's age, health, family status, financial situation including assets and resources, and their level of education and skills. USCIS said decisions will be made on a case-by-case basis, taking into account all available evidence in the applicant's record.
Officers may also factor in whether an applicant has previously received means-tested public benefits. For benefits received before September 18, 2026, USCIS said it will only look at public cash assistance for income maintenance and long-term institutionalisation at government expense. For benefits received on or after that date, a wider range of means-tested benefits will come under scrutiny.
The changes follow a Department of Homeland Security final rule that cancels the 2022 public charge regulation. The rule was published in the Federal Register on July 20 and is scheduled to take effect on the same date as the new USCIS guidance, September 18, 2026. USCIS said the updated approach is meant to reflect what Congress intended: that immigrants living in the United States remain self-sufficient and do not depend on taxpayer-funded assistance.
Categories of Applicants Exempt From the New Public Charge Rule
Not every green card applicant will face the public charge assessment. USCIS confirmed that several categories remain exempt, including refugees and asylees, certain victims of human enslavement and qualifying criminal activity, special immigrant juveniles, and certain self-petitioners under the Violence Against Women Act.
Where an officer finds an applicant inadmissible solely on public charge grounds, USCIS may offer the person the option of posting a financial bond. The bond amount will take into account the government benefits the applicant could potentially receive over the following five years. The agency stressed that no single factor will determine the outcome of a public charge assessment; the decision will always rest on the totality of the applicant's circumstances.
The new guidance applies to Form I-485 applications that are postmarked or electronically submitted on or after September 18, 2026. Meanwhile, Legit.ng previously reported that the United States government published a list of eight categories of people who qualify to apply for a permanent resident card, commonly known as a Green Card. Eligibility ranges from family ties to US citizenship and employment in specialised fields to refugee or asylum status and victims of abuse.
