US tightens green card requirements, new 'public charge' rule starts Sept. 18, 2026

The U.S. Department of Homeland Security (DHS) has officially repealed the "public charge" regulation that was implemented in 2022. This decision alters how the U.S. Citizenship and Immigration Services (USCIS) will assess certain adjustment of status applications, defining which cases will fall under the new criteria and which will continue to be processed according to previous guidelines.

The final rule, published in the Federal Register, takes effect on September 18, 2026. From that date forward, it will apply to applications for admission submitted on or after September 18, 2026, as well as adjustment of status forms filed electronically or by mail thereafter. Importantly, the DHS clarified that the modification will not be applied retroactively; therefore, applications submitted before this date will be evaluated under the regulations in effect at the time of their submission.

Under the new regulation, immigration officers will have broader discretion to determine if an applicant is likely to become primarily dependent on government assistance. This assessment will involve considering various factors outlined in immigration law, such as the applicant's age, health, family status, assets, resources, financial status, education, and skills. The Federal Register specifies that no single factor will unilaterally determine the outcome; instead, decisions will stem from a comprehensive review of the applicant's entire case and individual circumstances. The Affidavit of Support (Form I-864) may also be considered as part of this holistic evaluation.

The DHS also detailed how public benefits received before the new regulation's effective date will be handled. These benefits will continue to be assessed under the rules that were in place when they were received, meaning they will not be re-evaluated under the new framework. This forward-looking application aims to provide predictability for individuals who pursued their applications or utilized public programs in accordance with the existing regulations at the time.