New Public Charge Rules Start September 18, 2026: What Green Card Applicants Need to Know

If you are preparing to apply for a Green Card in the United States, an important change to the public charge rules takes effect on September 18, 2026.

Under the new rule, USCIS officers will have broader discretion when deciding whether an applicant is likely to become a “public charge.” USCIS can look at the applicant's overall circumstances, including age, health, family situation, financial resources, education and skills, and receipt of certain means-tested public benefits.

This does not mean that receiving a public benefit automatically prevents someone from getting a Green Card. USCIS looks at the totality of the circumstances, meaning all of the applicant's circumstances are considered together?

What Could Create a Public Charge Problem?

For example, imagine a 68-year-old parent of a U.S. citizen applying for permanent residency. The parent has no employment history in the United States, very limited income or savings, no private health insurance, and a serious medical condition that prevents employment and requires significant ongoing care. If that applicant is also receiving certain means-tested public benefits, USCIS could consider all of these factors together and decide that the person is likely to become primarily dependent on public assistance in the future.

Another example could be an applicant who has little or no income, no job skills or employment prospects, very limited assets, significant medical expenses, and a history of relying on public assistance. One factor alone may not cause a denial, but several negative factors together could create a public charge concern.

What Does Not Automatically Disqualify You?

Receiving Medicaid, food assistance, housing assistance or another public benefit does not automatically mean your Green Card will be denied. USCIS may look at what benefit was received, how long it was received, why it was needed, and whether the circumstances are likely to continue.

Also, benefits received by your U.S. citizen spouse or children generally are not treated as benefits received by you. For example, if your U.S. citizen child receives Medicaid or food assistance, that does not automatically make you a public charge.

Applicants should also be careful about information circulating on TikTok, Facebook, YouTube and other social media. Do not automatically cancel Medicaid, food assistance or other benefits for yourself or your family because of something you saw online.

The timing is also important. For adjustment of status cases filed with USCIS, the new rule generally applies to Form I-485 applications filed on or after September 18, 2026.

If you are preparing to apply for permanent residency and have questions about public benefits, income, sponsorship, health issues or the new public charge rules, it is a good idea to review these issues before filing your Green Card application.