By Jessica Morag, Partner
USCIS has issued new guidance on how it will evaluate whether certain green card applicants are likely to become a “public charge.” The guidance follows a July 2026 DHS final rule rescinding the prior 2022 public charge regulations and takes effect September 18, 2026. It will apply to Form I-485 applications subject to the public charge ground of inadmissibility that are filed on or after that date.
Under the updated approach, USCIS will assess each case based on the totality of the circumstances, considering five key factors: the applicant’s age, health, family status, financial situation and assets, and education and skills. USCIS may also consider the applicant’s receipt of certain means-tested government benefits, with benefits received on or after September 18, 2026 potentially receiving broader consideration. Importantly, the public charge rules do not apply to every green card applicant. Several categories are exempt, including certain refugees and asylees, humanitarian beneficiaries, T and U nonimmigrants, VAWA self-petitioners, Special Immigrant Juveniles, and certain military-related applicants.
For applicants who are subject to the public charge ground of inadmissibility, careful preparation of the adjustment-of-status application is increasingly important. USCIS may consider the Form I-864, Affidavit of Support, together with other relevant evidence regarding the applicant’s financial circumstances. Applicants should consider potential public charge issues early and ensure that financial, employment, household, education, and other supporting information is presented clearly and accurately.
At KTA, our US Immigration Department helps individuals, families, and employers navigate evolving U.S. immigration requirements and prepare well-documented immigration filings. If you are planning to apply for a U.S. green card and want to understand how the updated guidance may affect your case, KTA can help assess your circumstances and develop an appropriate immigration strategy.
