USA, September, 2026 - A new federal standard for determining who counts as a "public charge" takes effect on September 18, 2026, reshaping how U.S. Citizenship and Immigration Services (USCIS) evaluates green card applications. The change follows a Department of Homeland Security (DHS) final rule, published in the Federal Register on July 20, 2026, that rescinds the narrower 2022 public charge regulation and restores officers' broader discretion to weigh a wider range of public benefits and personal factors.

"Applicants shouldn't assume that a properly signed affidavit of support automatically resolves any public charge concern under the new standard," said Patrick Klauss at Berd & Klauss, PLLC, a full-service U.S. immigration law firm. "This is a much broader, fact-specific review than what applicants have gotten used to since 2022."

What's Actually Changing

2022 Rule (still governs filings before Sept. 18, 2026)

Narrow "primarily dependent" test

New Guidance (applies to Forms I-485 filed on/after Sept. 18, 2026)

Broader "totality of the circumstances" test

2022 Rule (still governs filings before Sept. 18, 2026)

Only certain cash assistance and long-term institutionalization counted

New Guidance (applies to Forms I-485 filed on/after Sept. 18, 2026)

Wider range of means-tested public benefits may be considered

2022 Rule (still governs filings before Sept. 18, 2026)

Limited weight given to statutory factors

New Guidance (applies to Forms I-485 filed on/after Sept. 18, 2026)

Age, health, family status, finances, education, skills, and Form I-864 all weighed individually

The new standard applies specifically to Form I-485, Application to Register Permanent Residence or Adjust Status, that is postmarked or filed electronically on or after September 18, 2026 - covering both family-based and employment-based applicants. Benefits received before that date will still be evaluated under the older, narrower 2022 standard. The guidance does not apply to visa applications processed by the U.S. Department of State at consulates abroad, or to admissions decided by Customs and Border Protection.

Certain humanitarian categories - including refugees, asylees, and other statutorily exempt applicants - remain excluded from public charge review under the new guidance, as they were before.

The rule is already facing legal challenges from several states and cities, and immigration attorneys caution that the September 18 effective date could shift depending on the outcome of pending litigation.

What Applicants Should Do Now

Berd & Klauss, PLLC recommends that green card applicants and their sponsors:

• Review their history of public benefits and understand which side of the September 18 line their case falls on.

• Revisit their Affidavit of Support (Form I-864) and supporting financial documentation well before filing.

• Confirm whether their case qualifies for a statutory exemption before assuming the new rule applies.

• Speak with an immigration attorney before filing Form I-485, especially if they or a household member has received public benefits.

About Berd & Klauss, PLLC

Berd & Klauss, PLLC is a full-service immigration law firm representing clients before USCIS, the Department of State, EOIR, and federal courts. The firm assists with family visas, business immigration, deportation defense, and citizenship applications.