USCIS tightens green card public charge rules effective September 2026

This new policy will guide USCIS officers in determining if an immigrant applying for lawful permanent residence is likely to become primarily dependent on government assistance. Officers will consider five statutory factors: the applicant’s age, health, family status, assets, resources and financial status, as well as education and skills. They may also consider an applicant's receipt of means-tested public benefits.

For benefits received before September 18, 2026, USCIS will consider public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after this date, a broader range of means-tested benefits will be considered. The changes follow a Department of Homeland Security final rule that rescinds the 2022 public charge regulation, reflecting congressional intent for immigrants to be self-sufficient.

Exemptions apply to categories such as refugees, asylees, victims of human trafficking, and certain Violence Against Women Act self-petitioners. USCIS will also continue its public charge bond process, where an applicant deemed inadmissible solely on public charge grounds may be invited to post a financial bond. The determination is based on an applicant’s overall circumstances, not a single factor.

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