New Public Charge Rule: Public Benefits and Immigration Applications

Effective September 18, 2026

On July 20, 2026, the Department of Homeland Security published a final rule removing the 2022 public charge regulation.

Beginning September 18, 2026, immigration officers will have broader discretion to consider an applicant’s finances, health, employment, and use of certain public benefits when deciding adjustment-of-status and admission applications.

Using a public benefit does not automatically result in denial. USCIS must review the applicant’s overall circumstances.

Who May Be Affected?

The public charge rule primarily affects people who are:

·         Applying for adjustment of status, commonly called a green card application; or

·         Seeking admission to the United States.

Visa applicants applying through a U.S. consulate are subject to separate Department of State public charge procedures.

The public charge rule does not apply to U.S. citizens. It also does not apply to many humanitarian categories, including refugees, asylees, VAWA self-petitioners, certain T and U visa applicants, and Special Immigrant Juveniles.

What Will USCIS Consider?

USCIS may consider factors including:

·         Age and health;

·         Income, assets, and financial condition;

·         Employment and employment prospects;

·         Education, skills, and work history;

·         Family size and financial obligations;

·         Health insurance; and

·         A required Form I-864 Affidavit of Support.

No single factor automatically determines the outcome.

Which Benefits May Be Considered?

There is no complete list of benefits that are always prohibited or always safe.

As a general rule, an applicant should obtain immigration advice before personally applying for or renewing a federal, state, or local government benefit for which eligibility is based on low income, limited assets, or financial need.

Examples may include:

·         SSI, TANF, or other cash welfare;

·         Medicaid or other income-based health coverage;

·         SNAP or food stamps;

·         Public housing, Section 8, or rental assistance; and

·         Other government-funded food, health, housing, utility, or financial assistance based on need.

The name of the program does not determine whether it is relevant. State and local programs may be considered in the same manner as federal programs.

Which Benefits Are Generally Lower Risk?

Benefits earned through employment or service, benefits not based on financial need, and private assistance generally should not be treated as means-tested public benefits.

Examples include:

·         Social Security retirement benefits;

·         Social Security Disability Insurance based on work history;

·         Medicare based on employment contributions;

·         Unemployment insurance;

·         Workers’ compensation;

·         Government pensions;

·         Veterans’ benefits;

·         Employer-provided or private health insurance;

·         Private scholarships;

·         Private charity, church, or food-bank assistance; and

·         Loans that must be repaid.

Low-income subsidies connected to Medicare or another program may require separate review.

What About Benefits for Children?

Benefits received solely by a U.S. citizen child or another family member generally are not treated as benefits received by the immigration applicant.

For example, a child’s Medicaid, school meals, or food assistance generally is not considered the parent’s benefit when the child is the eligible recipient.

USCIS officers may still look at your overall household finances. If your child qualifies for benefits because the family income is low, that underlying financial picture can be considered as part of your overall financial circumstances.

What About Benefits Received Before September 18, 2026?

Most noncash benefits received entirely before September 18, 2026, will continue to be evaluated under the 2022 rule and will not become newly countable under the broader standard.

However, public cash assistance for income maintenance and government-funded long-term institutional care may remain relevant under the prior rule.

Benefits applied for, approved, or received on or after September 18, 2026, may be reviewed under the new rule.

Should I File Before September 18, 2026?

Applicants who are already eligible and fully prepared to file may wish to discuss whether filing before September 18, 2026, is appropriate.

Do not submit an incomplete or inaccurate application merely to file before the effective date.

USCIS is expected to revise Form I-485 and its instructions. Applicants should confirm the correct form edition immediately before filing.

What Should I Do?

Do not cancel necessary medical, food, or housing assistance without first considering the effect on your family.

In most cases, you do not need immigration advice solely because you receive Social Security retirement benefits, SSDI based on work history, Medicare, unemployment insurance, workers' compensation, veterans' benefits, an employment-based pension, employer-provided health insurance, or private charitable assistance.

However, before the immigration applicant personally applies for or renews a government benefit based on low income, limited assets, or financial need, the applicant should consult an immigration attorney.

Keep all benefit approval, renewal, and termination notices, along with documents identifying the recipient and the dates of assistance.

Important

There is no single list of benefits that every immigration applicant may safely use.

The effect of a benefit depends on:

·         The applicant’s immigration category;

·         Whether the applicant is subject to the public charge rule;

·         Who received the benefit;

·         Whether eligibility was based on financial need;

·         When and how long the benefit was received; and

·         The applicant’s overall financial circumstances.

Judy Chang Law Firm, National Immigration Law Firm
Copyright© Judy J. Chang, Esq. All rights reserved. 7/20/2026
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.