USCIS updates public charge rule, including SNAP and Medicaid in green card assessments from September

The U.S. Citizenship and Immigration Services (USCIS) is set to implement a significant change to its "public charge" rule, broadening the scope of benefits that can influence a green card application. Effective September 18, officers will be able to consider non-cash public assistance programs, such as the Supplemental Nutrition Assistance Program (SNAP) and Medicaid, when evaluating an individual's admissibility.

This shift marks a departure from the 2022 rule, which had narrowed the factors officers could assess. The new framework, detailed in a final rule from the Department of Homeland Security (DHS), eliminates the 2022 regulations that limited considerations to cash assistance and prolonged government-funded institutionalization. Instead, USCIS will revert to a system that grants officers more extensive discretion to weigh various circumstances related to an applicant's self-sufficiency.

The updated policy will apply to applications for admission and adjustment of status filed on or after September 18. Cases already filed and pending before the effective date, or those previously rejected but currently under review, will be adjudicated under the 2022 criteria. The DHS emphasizes that no single social benefit will automatically lead to a denial; rather, the receipt of any benefit will be one element within a comprehensive analysis of the applicant's situation.