When does the new policy take effect?
The new public charge policy becomes effective on September 18, 2026, and applies to I-485 applications postmarked or filed electronically on or after that date. This date is crucial because it determines which standard will be used to evaluate your application.
If an I-485 application is submitted before September 18, 2026, and accepted by USCIS, it will be processed under the 2022 rule standards. Conversely, applications filed from September 18, 2026, onward will be subject to the new rule. Applications filed between December 23, 2022, and September 17, 2026, continue to use the 2022 standards.
Which benefits are now counted?
This is the most significant change. Starting September 18, 2026, USCIS may consider a broader range of government benefits, including housing assistance, food assistance, healthcare, and education support.
More specifically, from September 18, 2026, USCIS officers may consider an expanded range of government benefits, including food stamps (SNAP), Medicaid, and housing vouchers. The 2022 rule under the Biden administration had clarified and limited which benefits could be considered, specifying that Medicaid, CHIP, nutrition assistance (SNAP), and housing vouchers typically would not count against an application. The 2022 rule is now being rescinded, and the new Trump rule, announced on July 20, 2026, eliminates those specific restrictions and replaces them with broader discretion for officers.
What changed compared to before?
Previously, USCIS only considered cash welfare benefits to maintain income and long-term institutionalization on public care. Now, the list has expanded significantly.
For example: Before September 18, a full-time working parent who is the household's primary earner receiving supplemental food stamps to help purchase monthly groceries was protected because food stamps did not count. From September 18 onward, USCIS officers may now factor in those food stamps in their decision, even though the parent remains employed and pays for most household expenses.
Who is affected?
Generally, applicants for adjustment of status to permanent resident are subject to the public charge rule unless Congress has created an exemption for their category. The public charge rule applies broadly to applicants for adjustment of status, immigrant visas, and admission to the United States, unless specific exemptions apply. However, not all green card applicants are subject to the public charge rule — this depends on the specific immigration category and benefit sought.
Is it a problem if I received benefits before September 18?
DHS has confirmed that receipt of government benefits with financial conditions that were excluded before the effective date of the new rule (September 18, 2026) will not be considered a negative factor. This means if you received benefits before September 18, it will not count against your application.
However, for government benefits with financial conditions previously excluded, broader consideration begins with benefits applied for or received on or after September 18, 2026.
What to avoid
Do not assume that receiving one benefit automatically means denial — public charge is a prospective determination based on the applicant's overall circumstances. Receiving government benefits does not automatically disqualify an applicant — USCIS must evaluate each applicant's complete situation on a case-by-case basis.
Do not assume that all family benefits count against you — benefits received by children, spouses, or other family members are typically not considered as benefits received by the applicant.
Steps to take now
If you are preparing to file an I-485 application or have a history of receiving government assistance, you should:
- File before September 18 if possible: The filing date is critical — if your I-485 application is submitted before September 18, 2026, and accepted by USCIS, it will be processed under the 2022 rule standards.
- Prepare strong financial documentation: Applicants should be prepared to provide evidence addressing the required factors, including financial circumstances, employment history, education, skills, health status, and family situation.
- Consult with an immigration attorney: Anyone who has filed an application, received approval, or received government benefits with financial conditions should consult with a qualified immigration attorney regarding potential impacts of the new rule.