On September 18, 2026, the Department of Homeland Security is replacing the 2022 public charge framework with a new rule that gives USCIS officers broader discretion to consider public benefits when deciding green card applications. If you are adjusting status through marriage, your filing date determines which rule applies to your case.
What Is Changing on September 18, 2026
DHS is rescinding the public charge regulations it adopted in 2022 and replacing them with a new final rule and updated policy guidance. The 2022 framework set relatively clear boundaries around which benefits counted and how they were weighed. The new framework removes most of those boundaries.
Starting September 18, USCIS officers will rely on the Immigration and Nationality Act, new USCIS policy guidance, and their own discretion when deciding whether an applicant is likely to become a public charge. There is no longer a single bright-line test.
The practical effect is that officers have more room to weigh more factors, including types of benefits that were previously excluded.
What Public Charge Means in an Immigration Case
Public charge is a ground of inadmissibility. It means a person is likely at any time to become primarily dependent on the government for support. If USCIS determines that an applicant meets that definition, it can deny the green card application.
This is not about whether you have ever used a benefit. It is a forward-looking judgment about whether you are likely to need government support in the future. That distinction matters, because a single past benefit does not automatically result in a denial.
Which Benefits USCIS Can Now Consider
Benefits That May Count Against You
Under the new rule, USCIS may consider receipt of any means-tested public benefit. That includes Supplemental Nutrition Assistance Program benefits (food stamps), Medicaid (with limited exceptions), Section 8 housing vouchers, Supplemental Security Income, and Temporary Assistance for Needy Families. Cash aid programs such as state General Assistance are also included.
Applications for or approval to receive these benefits may also be considered, not just actual receipt.
Benefits That Are Exempt
Emergency Medicaid, disaster relief, school lunch programs, children’s health insurance programs, and benefits received by family members (not the applicant) generally remain outside the analysis. Benefits received before September 18 will be evaluated under the 2022 framework, not the new one, for cases filed before that date.
How USCIS Will Actually Evaluate Your Case
The new rule uses what USCIS calls a totality of the circumstances test. Officers consider the applicant’s age, health, family status, assets, resources, financial status, education, and skills alongside any benefit history.
No single factor is supposed to be determinative. A person who received SNAP benefits for six months but has steady employment, a strong Affidavit of Support, and no other negative factors is not in the same position as someone with minimal income and extended benefit use.
In practice, the strength of your I-864 Affidavit of Support and your documented ability to support yourself are the most important things you can control.
What This Means If You Filed Before September 18
If your Form I-485 was properly filed and accepted by USCIS before September 18, 2026, your case will be adjudicated under the 2022 public charge framework, even if the decision comes after September 18.
This is the key date distinction. It is the filing date, not the decision date, that determines which rule applies.
If you are in the process of preparing an adjustment application and can file before September 18, that is worth discussing with an attorney. The earlier framework may be more favorable depending on your circumstances.
What This Means If You File On or After September 18
Applications postmarked or electronically submitted on or after September 18 fall under the new rule. You must also use the new edition of Form I-485 (dated 09/18/26). USCIS will reject the old edition with no grace period.
If you are filing after the deadline, your focus should be on building the strongest possible case under the new totality of circumstances standard. That means a solid Affidavit of Support, documented employment, and a clear record of financial self-sufficiency.
The Connection to the New Form I-485
USCIS is releasing a revised Form I-485 on September 18, the same day the new public charge rule takes effect. The revised form changes the public charge section to align with the new rule.
If you file on or after September 18, you must use the 09/18/26 edition. Filing the old edition on or after that date will result in rejection, and a rejection is not the same as a denial. It means your application was never accepted, so you do not receive a filing date.
See adjustment of status after marriage for the full I-485 process.
What Marriage Green Card Applicants Should Do Right Now
If you are currently receiving means-tested benefits and preparing to file for adjustment of status, talk to an attorney about how those benefits may factor into your case under the new standard.
If you can file before September 18 and your packet is complete, there is a practical reason to do so. You will be evaluated under the 2022 framework.
If you cannot file before September 18, focus on the Affidavit of Support. Make sure your sponsor meets the income requirements for sponsoring a spouse, and if they do not, identify a joint sponsor now. The new I-864 also authorizes USCIS to pull credit reports, so sponsors should check their own credit before filing.
Do not stop using benefits you are legally entitled to based on fear alone. The rule does not say that any benefit use results in denial. It says officers will look at the full picture. But do be prepared to document why you are not likely to become a public charge going forward.
Who Is Exempt From Public Charge
Not every green card applicant is subject to the public charge ground. Refugees, asylees, certain VAWA self-petitioners, T and U visa holders, Special Immigrant Juveniles, and several other categories are exempt by statute.
If your spouse falls into one of these categories, the public charge rule, old or new, does not apply to their adjustment application.
Frequently Asked Questions
H3: Does receiving food stamps mean my green card will be denied? No. Receiving SNAP benefits is one factor USCIS may consider, but it is not an automatic denial. The officer looks at the full picture, including income, employment, assets, and the strength of the Affidavit of Support.
H3: Does the new rule apply to my pending case? If your Form I-485 was properly filed and accepted before September 18, 2026, your case will be evaluated under the 2022 rule, even if the decision comes later.
H3: Is there a minimum income to avoid a public charge finding? There is no set minimum income threshold for the public charge determination itself, but your sponsor must meet the income requirements on the Affidavit of Support (Form I-864), which is 125% of the federal poverty guidelines for the household size.
H3: Should I stop using Medicaid before I file? Do not make that decision based on a blog post. Talk to an attorney who can evaluate your specific situation. Stopping benefits prematurely could create other problems, and the rule does not treat any single benefit as automatically disqualifying.
H3: Does public charge apply to K-1 fiancé visa applicants? The public charge ground of inadmissibility applies at the consular interview stage for K-1 applicants. The new rule primarily changes how USCIS evaluates adjustment of status applicants filing Form I-485 on or after September 18. Consular officers have their own guidance.
Talk to an Attorney Before the Rule Takes Effect
If you are preparing to file for a marriage green card, the September 18 date matters. Whether you can file before it, whether your benefit history creates a question, or whether your sponsor’s finances need work, these are conversations worth having now.
Our immigration attorney services can help you evaluate your case under the new framework. If you want to talk through your options, book a free consultation about your case and bring whatever documentation you have.