09/27/2026
Current USCIS Public Charge Rule (Effective September 18, 2026) USCIS has rescinded the 2022 regulations and restored the broader “totality of the circumstances” test under INA § 212(a)(4) for adjustment-of-status applicants.
🔍 How the New Rule Works
Beginning September 18, 2026, officers assess whether an applicant is likely at any time to become a public charge using five factors:
• Age
• Health
• Family status
• Assets, resources, and financial status
• Education and skills
Benefits do not automatically cause denial; officers consider the applicant’s overall circumstances.
📌 What Has Changed
• The 2022 rule is rescinded.
• Means-tested benefits, including SNAP, Medicaid, and housing assistance—received on or after September 18, 2026, may be considered.
• Unless exempt, all adjustment-of-status applications filed on or after that date are covered.
👥 Who the Rule Covers
• Family- and employment-based green card applicants
• Diversity Visa applicants
• Certain religious workers
• TPS holders seeking family-based green cards
• LPRs returning after more than 180 days abroad
🚫 Who Is Exempt
• Refugees and asylees
• T and U visa holders
• VAWA self-petitioners
• Citizenship applicants
• Green card renewal applicants
• TPS applicants and renewal applicants
📘 Updated USCIS Policy Guidance
• Assessment methods and evidence
• Exempt categories
• Public charge bonds
📅 When the Rule Applies
• Admission applications made on or after September 18, 2026
• Adjustment applications postmarked or filed electronically on or after that date
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🚨 USCIS Update: New Public Charge Rule Effective September 18, 2026.
USCIS has rescinded the 2022 rule. Under the new framework, officers assess age, health, finances, family status, education, and skills.
The rule generally covers family-, employment-, Diversity Visa-, and certain TPS-based green card applicants. Refugees, asylees, VAWA self-petitioners, T and U visa holders, and citizenship applicants are exempt. SNAP, Medicaid, and housing assistance received on or after September 18, 2026, may be considered but do not automatically cause denial. Review the updated guidance and stay prepared before you file your paperwork.