US Reinstates 'Public Charge' Rule for Green Cards Starting September 2026

The U.S. federal government is set to reintroduce the controversial "public charge" rule, a policy that allows immigration officials to deny green cards to migrants deemed likely to become dependent on government assistance. This shift, officially announced by the Department of Homeland Security (DHS), will take effect on September 18, 2026, effectively overturning the 2022 regulation.

Under the reinstated rule, U.S. Citizenship and Immigration Services (USCIS) officers will wield significant authority in assessing an applicant's potential reliance on public benefits. The evaluation will involve a prospective judgment on the applicant's financial stability, considering a range of factors mandated by Congress. These include the applicant's age, health, family status, financial resources, and educational or skill levels, all aimed at predicting their ability to be self-sufficient in the United States.

A key aspect of the assessment will be the applicant's history of using or currently receiving public benefits. USCIS will now consider a broader spectrum of government assistance beyond just cash payments. Additionally, the Affidavit of Support, or Form I-864, submitted by a sponsor, will be a crucial document in the decision-making process. Insufficient sponsorship, while not the sole determinant, can lead to the denial of a residency application.

However, the rule clarifies that negative factors such as poverty or disability alone will not automatically result in denial. The final decision will hinge on a holistic review of the applicant's personal and economic circumstances. Importantly, certain categories of immigrants, including refugees and asylum seekers, are exempt from the public charge assessment as protected by federal law.