Public Charge Rule 2026: What Changed on September 18 and Which Benefits Affect Your Green Card

Public charge is a ground for denying a green card when an officer concludes that the applicant is "likely" to depend on government assistance in the future. Since September 18, 2026, a new DHS rule has been in effect: for I-485 applications filed on or after that date, USCIS may consider any benefit awarded based on income (means-tested), including Medicaid, SNAP, WIC, CHIP, and housing assistance. Benefits received before September 18, 2026, are still evaluated under the old, narrow test.

In short:

• The final rule is 91 FR 45324, published July 20, 2026, effective September 18, 2026. The 2022 rule is rescinded for new applications.
• Any means-tested benefit, cash or non-cash, can now matter: Medicaid, SNAP, WIC, CHIP, Section 8, and others. The list is open-ended.
• I-485 applications mailed before September 18 are adjudicated under the 2022 rule, even if the decision comes later.
• The new 09/18/26 edition of the I-485 is mandatory; Part 9 (Items 63–64) requires you to list all benefits received, with dates and amounts.
• The I-864 (Affidavit of Support) is now only a "minimum requirement," not a strong factor in the applicant's favor. State lawsuits have not stopped the rule (as of September 30, 2026).

What public charge means in plain terms

US immigration law (INA 212(a)(4)) allows the government to deny entry or a green card to a person who, in the officer's assessment, is likely to become a "public charge." This is not a penalty for the past; it is a forecast of whether the person will be able to support themselves.

Two different agencies conduct this review. Inside the US, it is USCIS, when you apply for adjustment of status (Form I-485). Abroad, it is a State Department consulate, when you apply for an immigrant visa. Their rules are formally different, and that distinction matters.

The new DHS rule applies specifically to USCIS. New USCIS guidance does not directly bind the State Department, CBP, or the immigration courts (EOIR).

Public charge 2026: what changed compared with the 2022 rule

The proposed rule was published on November 19, 2025 (90 FR 52168). The final rule was issued on July 20, 2026 (91 FR 45324) and took effect on September 18, 2026. DHS received 8,846 comments, most of them opposed.

The key change: sections 8 CFR 212.20–212.23 were removed from the regulations. With them went the 2022 definitions (including the "primarily dependent" test) and the regulatory list of exclusions. Instead of clear lines, there is now a "totality of the circumstances" assessment based on internal guidance.

USCIS issued that guidance on August 18, 2026: Policy Alert PA-2026-09, a fully rewritten Volume 8, Part G of the Policy Manual (99 pages, according to CLINIC). The test reads: whether it is "more likely than not" that the applicant will at any time in the future depend on means-tested benefits to meet basic needs.

Which rule applies to your application

Two separate dates matter here: the I-485 filing date and the dates you received benefits. Check them separately.

Example: a (hypothetical) family has received SNAP since 2025 and files an I-485 in November 2026. SNAP received before September 18, 2026, does not count under the old test. If the family kept receiving SNAP after September 18, those months may now be considered and must be listed on the form.

Which benefits now affect a green card: Medicaid and the green card

For benefits received on or after September 18, 2026, any program where eligibility depends on income may matter. The list in the guidance is not exhaustive.

Expressly named in the sources:

• cash assistance;
• Medicaid, including Medicaid for pregnant women and children;
• CHIP (the children's health program);
• SNAP (food stamps);
• WIC (nutrition for pregnant women, mothers, and young children);
• public or subsidized housing, including Section 8;
• need-based aid for higher education.

Possibly also considered (Legal Aid NYC lists these as agency reference points, but with less certainty): LIHEAP, Head Start, EITC/CTC tax credits, Pell Grants, Early Intervention. As of publication (October 15, 2026), this has not been definitively confirmed.

"Receipt" of a benefit also covers the situation where you applied and were approved, unless you withdrew the application or left the program.

What does not count

• Social Security retirement and disability benefits (Title II);
• Medicare;
• unemployment insurance;
• workers' compensation;
• government pensions;
• veterans' benefits;
• universal programs, such as free public school (K-12).

Important: do not give up benefits without first checking whether public charge applies to you at all. Refugees, asylees, TPS holders, and a number of other categories are exempt. In addition, dropping Medicaid for a child or a pregnant woman can cost their health without helping the application. Make the decision after consulting an immigration attorney.

Do family members' benefits count

This is one of the most contested questions. The Policy Manual language: benefits received by relatives are generally not attributed to the applicant. The narrow exception is when the relative is the applicant's primary source of support, or when the relative's eligibility for the benefit was based on the applicant's own income or assets.

Other organizations read this more broadly. ILRC and WGBH write that USCIS "may consider benefits received by certain family members." Legal Aid NYC gives an example: a US citizen child's benefits may be considered if the child received them based on a parent's income.

Practical takeaway: if anyone in the family receives benefits, especially US citizen children, assess the situation individually and with an attorney. There is no uniform practice yet.

The new Form I-485 (09/18/26 edition): benefits questions

Since September 18, 2026, the 09/18/26 edition of the I-485 is mandatory, with no grace period. Applications on older editions filed on or after that date are rejected.

What is new on the form:

• Part 9, Item 63: "Have you ever received any means-tested public benefit?"
• Item 64: details for each benefit: dates, amount, and the reason it was received.
• The column for benefits received "while exempt" has been removed.
• Family status is now described in your own words rather than as a number.

According to Manifest Law, on September 16 USCIS stated that it would continue to accept "some editions" of the I-485, I-765, and I-539, but did not specify which. Check the current edition on uscis.gov before filing.

Form I-944 (Declaration of Self-Sufficiency) is not used: it was eliminated in March 2021, with no replacement. Form I-945 (public charge bond) is filed only at USCIS's invitation, after a notice of intent to deny (NOID).

Under the USCIS guidance, applicants are generally not required to submit public charge evidence upfront. If the officer needs more, they issue a request for evidence (RFE). Fragomen warns that similar cases may receive different RFEs depending on the officer. For more on the interview itself, see “The USCIS Interview in 2026”.

Which factors a USCIS officer considers

The statute lists mandatory factors:

• age;
• health;
• family status (household size);
• assets, resources, and financial status;
• education and skills; the guidance expressly mentions language proficiency, including English;
• the I-864, if required.

In addition, the officer may consider the ability and willingness to work, caregiving responsibilities for family members, the sponsor's willingness to help and whether they met prior support obligations, and the applicant's history of benefit receipt.

The guidance instructs officers to:

• closely examine employment plans for applicants near or above retirement age;
• treat statements made at the interview as evidence;
• rely on the civil surgeon's medical report (I-693) rather than making their own diagnosis.

A disability alone is not a basis for a public charge finding. No single factor decides the case on its own, except a missing or insufficient I-864 where one is required.

As of publication (October 15, 2026), there are no reports on actual interview questions after September 18 or on public charge RFEs.

I-864: minimum sponsor income in 2026

The Affidavit of Support (I-864) is the sponsor's commitment to support the immigrant. It is required in almost all family-based cases, including marriage-based green cards. Under the new rules, a sufficient I-864 no longer automatically carries positive weight; it is a "minimum requirement."

The threshold for most sponsors is 125% of the federal poverty line (HHS poverty guidelines). For sponsors on active military duty, it is 100%. The 2026 poverty guidelines were published on January 15, 2026, and apply from January 13.

These figures are for the 48 contiguous states; they are higher for Alaska and Hawaii. According to Legit.ng, the I-864P chart has been in effect since March 1, 2026, but as of publication this is not confirmed on the uscis.gov page. Check the figures against the current I-864P before signing.

If income falls short, use Form I-864A (household member income) or a joint sponsor. Keep the other side in mind too: a USDA letter dated March 18, 2025, tells states that when awarding SNAP to an immigrant they "must consider" the sponsor's income and assets and seek reimbursement from the sponsor.

Who is exempt from public charge

Exempt by statute (the list is not complete):

• refugees and asylees;
• SIJ, Special Immigrant Juvenile status;
• T and U visas;
• VAWA self-petitioners and certain victims of abuse;
• TPS;
• registry;
• Cuban Adjustment Act, NACARA, HRIFA, LRIFA;
• Afghan and Iraqi SIVs;
• Lautenberg parolees, Amerasians, certain categories of relatives of deceased service members.

Exemptions now rest on the statute and the Policy Manual rather than the regulations. The protection for benefits received while in an exempt status does not apply to benefits received on or after September 18, 2026. Some T, U, and VAWA applicants who adjust on an employment basis must still file an I-864.

Public charge is not reviewed for US citizens, at naturalization, or when replacing a green card. A permanent resident may again become subject to review after more than 180 days outside the US or under other conditions of INA 101(a)(13)(C).

The rule hits hardest: family-based cases (where an I-864 is required), DV lottery winners, older applicants and people with chronic conditions, and mixed-status families that use benefits. Employment-based categories are also subject to review, although usually without an I-864.

Public charge at the consulate: what is known about visas abroad

The State Department applies the same statutory ground separately. On November 5, 2025, a cable was sent to consulates (the text itself has not been published; Fox News and NPR reported on it). Officers were directed to consider health (cardiovascular, respiratory, oncological, metabolic, and neurological conditions, diabetes, mental health, obesity), age, English, finances, and possible need for long-term care. The health of dependents is also considered, and the burden of proof is on the applicant.

At the same time, the published 9 FAM 302.8 remains in its 2024 version: the "primarily dependent" test, SNAP and Medicaid excluded, and a sufficient I-864 "usually sufficient." As of publication (October 15, 2026), there is no official confirmation that consulates consider means-tested benefits the same way USCIS does.

Other State Department measures:

• The pause for 75 countries (from January 21, 2026), including Russia, Uzbekistan, Kazakhstan, Kyrgyzstan, Belarus, Azerbaijan, Armenia, Georgia, and Moldova, was vacated by a court on August 21, 2026 (CLINIC v. Rubio). The government is appealing; according to available information as of October 19, 2026, the Second Circuit has not ruled on the motion for a stay. Details in “Immigrant Visa Pause for 75 Countries Lifted”.
• A worldwide interview pause since late August 2026, to train officers on public charge. Whether interviews have fully resumed is not confirmed as of publication.
• A bond pilot program (announced August 5, 2026): a consular officer may require a bond instead of a refusal under 212(a)(4). According to Bloomberg, the pilot started in the Dominican Republic, with amounts from $100,000 to $250,000.

Lawsuits against the new rule

All lawsuits were filed in the Southern District of New York (SDNY):

• New York v. DHS, No. 1:26-cv-07978, filed September 14, 2026: a coalition of 22 states (Pennsylvania participates through its governor) and the District of Columbia; Judge Ronnie Abrams. The states ask the court to vacate the rule under the Administrative Procedure Act (APA).
• A suit by cities and counties led by New York City, No. 1:26-cv-07982.
• Make the Road NY, No. 1:26-cv-08129, filed September 17.

As of September 30, 2026, there is no temporary restraining order or preliminary injunction; the rule is in effect. An initial conference was scheduled for October 9; what happened after September 30 is not confirmed as of publication.

What to do now

1. Determine whether public charge applies to you: check your category against the list of exemptions.
2. Establish which rule will govern your case: the I-485 mailing date and the dates of any benefits received.
3. Build a timeline of all benefits received by you (and, where relevant, by family members): program, dates, amounts, reason. You will need this for Items 63–64.
4. Gather financial documents: tax returns or IRS transcripts for 3 years, pay stubs, an employer letter, proof of other lawful income (alimony, pension).
5. Prepare information on assets and debts: bank statements, real estate, retirement and investment accounts.
6. Gather evidence of education and skills: diplomas, transcripts, licenses, a résumé, job offers, proof of English proficiency.
7. Document private (non-means-tested) health insurance: insurance card, policy, employer letter.
8. Prepare the I-864 with the sponsor's documents; if income falls short, an I-864A or a joint sponsor. Check the figures against the current I-864P.
9. Locate records of any prior fee waivers and complete the I-693 medical exam.
10. As CitizenPath recommends, you may attach a signed self-sufficiency statement with numbered exhibits.
11. Do not stop receiving benefits without discussing it with an immigration attorney.

How M&M can help

• We will check which rule applies to your case and build a benefits timeline for the new I-485.
• We will prepare the document package: I-485, I-864 with the sponsor's documents, and financial and education evidence. Legal questions are handled by our partner licensed attorneys.
• Start with a free assessment or contact us; our office is in Brooklyn, at 1944 Coney Island Ave.

Sources

• Federal Register: Public Charge Ground of Inadmissibility, final rule, 91 FR 45324 (07/20/2026)
• Federal Register: proposed rule, 90 FR 52168 (11/19/2025)
• USCIS Policy Alert PA-2026-09 (08/18/2026), AILA copy
• HHS Poverty Guidelines 2026, Federal Register
• 9 FAM 302.8 — Public Charge (State Department)
• State Department: Public Charge Bonds for Immigrant Visa Applicants
• State Department: Immigrant Visa Processing Updates for Nationalities at High Risk of Public Benefits Usage
• CLINIC: USCIS Expands Public Charge Discretion
• Fragomen: New USCIS Public Charge Policy Guidance
• Legal Aid NYC: What You Need to Know About the New Public Charge Rule (2026)

This article is for informational purposes only and is not legal advice. M&M Document Preparation is not a law firm. Information is current as of October 15, 2026.