From the official announcement by USCIS ↗
The U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual with detailed guidance on how immigration officers should determine whether a green card applicant is likely to become a 'public charge.' This follows the Department of Homeland Security (DHS) announcing a final rule that repealed the 2022 regulation from the Biden administration. The rule was published in the Federal Register on July 20, 2026, and will take effect on September 18, 2026.
As we reported in July, the 2022 rule had limited the types of public benefits that immigration officers could consider when evaluating applications. The new regulation removes those restrictions, allowing officers to weigh all relevant factors on a case-by-case basis.
From September 18, 2026, all income-tested benefits can be factored into a green card application.
Who Is Affected
All applicants adjusting status to permanent resident are subject to public charge review, unless they fall into an exempt category. Spouses, children, and parents of U.S. citizens must still go through this review. In contrast, refugees, individuals granted political asylum status, human trafficking victims with T visas, and crime victims with U visas are entirely exempt — a point that Philadelphia had clarified when explaining the old rule.
USCIS officers must consider five factors as required by law: age, health, family status, assets and financial condition, and education and job skills. They may also review Form I-864 (Affidavit of Support) signed by the sponsor.
Key Dates
For income-tested benefits received before September 18, 2026, USCIS will only count cash assistance for income maintenance and government-paid long-term care costs. But from September 18, 2026 onward, all income-tested benefits can be factored into the application.
If an officer determines an applicant is ineligible solely due to public charge concerns, they may be offered the option to post a 'public charge bond' — a financial guarantee in cash or sponsorship, calculated based on the benefits the person might receive over the next five years. Form I-945 may only be filed upon receiving an official invitation from USCIS.
See USCIS's official announcement at the source link below.
Analysis
The new rule essentially erases the narrow boundary that the Biden administration established in 2022, which only counted cash assistance and long-term care. A return to a broader approach means immigration officers will have greater discretion when evaluating applications, including benefits previously considered 'safe' such as healthcare or housing assistance. However, DHS has not yet released a specific list of which benefits will be counted as a risk under the new rule, leaving many families waiting for more detailed guidance before the rule takes effect. This follows a familiar pattern in U.S. immigration policy: with each change in administration, the 'public charge' standard expands or contracts, creating prolonged uncertainty for those awaiting case decisions.
Diaspora Impact
Those with pending green card applications, especially immediate relatives of U.S. citizens, should review their use of public benefits before and after September 18, 2026, as this date determines which benefits can factor into the case. Refugees, those with political asylum status, or those holding T and U visas need not worry about this rule. Readers should not file Form I-945 unless they receive an official invitation from USCIS. Any questions should be directed to uscis.gov or a licensed immigration attorney — avoid relying on unofficial intermediary services.
Bảo Nguyễn
Bảo Nguyễn founded Saigon Sentinel to give the Vietnamese diaspora truly independent, in-depth community coverage at a time when misinformation moves faster than fact-checks and the language barrier makes verification harder than it should be. He sets the editorial standards and quality controls that govern the reporting, chooses the subjects, writes and edits each article, reads it against its sources before publication, audits published output, and handles corrections.