Homeland Security Repeals 2022 Public Charge Rule: What Green Card Applicants Should Know

Immigration officers will soon have more room to deny Green Card applications over previous use of public benefits.

On July 16, 2026, the Department of Homeland Security (DHS) released a final rule that nullifies previous public charge regulations from 2022. The move finalizes a proposal from November 2025, and gives adjudicators more discretion on whether food, healthcare, and housing assistance signals whether someone is inadmissible.

What did DHS change in its public charge final rule?

The final rule removes nearly all of the 2022 public charge regulation, which included:

• Narrow definitions of what “likely at any time to become a public charge" and "public benefits" meant
• A list of exemptions to the public charge grounds of inadmissibility
• The seven-factor decision framework immigration officers had to follow before making a decision

Manifest immigration attorney Ana Gabriela Urizar says that by removing these regulations, officers have more freedom to decide whether a foreign national can receive a Green Card or not.

“Applicants should not assume they need to immediately discontinue benefits or delay filing solely because of this rule,” Urizar says. “Every case is different, and individuals who are financially stable, employed, have sufficient household income, or have a strong Affidavit of Support may still present a favorable public charge profile despite prior receipt of benefits.”

She continues: “Before making any changes that could affect your healthcare or your family’s wellbeing, consult with an immigration attorney to evaluate your individual circumstances.”

The rule also tightens public charge bonds, which a Green Card applicant could previously use to overcome an unfavorable finding. When it goes into effect, receiving any means-tested benefit will now break that bond.

Who is exempt from the public charge final rule?

Many foreign nationals are exempt from the public charge ground of inadmissibility altogether. Refugees, asylees, VAWA self-petitioners, U visa applicants, T visa applicants, SIJS applicants, Afghan and Iraqi special immigrants, and several humanitarian categories are generally not subject to the public charge test when applying for permanent residence.

Applicants should verify whether the rule applies to their specific immigration category before making decisions about public benefits.

How does the public charge final rule affect adjustment of status?

In addition to now facing more scrutiny over prior use of public benefits, the final rule also states that U.S. Citizenship and Immigration Services (USCIS) has updated Form I-485, otherwise known as the adjustment of status application.

While the new I-485 edition has not gone public, DHS’s final rule states the new edition will ask Green Card applicants to disclose more information about their finances and prior benefits usage. It also states that any application filed with the old I-485 version after September 18 could be rejected.

Which public benefits can officers now count against Green Card applicants?

Once the final rule goes into effect, any means-tested public benefit can be considered grounds for a denial. However, timing decides which standard applies to the benefits a person has used.

In practice, Urizar notes that past use of SNAP or Medicaid, by itself, should not count against an applicant if that use ended before the effective date.

What should Green Card applicants do now that the public charge final rule is out?

For applicants who are planning to apply for permanent residence in the U.S., Urizar recommends:

• Avoiding panicking or voluntarily abandoning benefits without first obtaining legal advice.
• Determining whether you are even subject to the public charge ground.
• Gathering evidence demonstrating financial stability, including employment, assets, education, and support from household members where applicable.
• Discussing filing timelines with an immigration attorney, especially if you are eligible to submit Form I-485 or seek Green Card consular processing before September 18.
• Monitoring USCIS announcements regarding the revised Form I-485 and implementation guidance.

Applying for a Green Card soon? Our team of immigration lawyers can guide you through the application process and what to expect if you've received government aid in the past. Book a consultation today to learn more.

What happens next?

USCIS says it will publish policy guidance for officers on or before September 18, 2026. That guidance should clarify how the new standard works in practice. Court challenges are also possible. The 2019 public charge rule from the first Trump administration was blocked in federal court before the 2022 rule replaced it, and advocacy groups have already signaled they oppose the change.

The State Department runs its own public charge review for visa applicants abroad, and that review is already stricter than the USCIS standard. See our guide for how USCIS and consular reviews differ.

Public charge final rule FAQs

Is the new public charge rule retroactive?

No. Anything received before September 18, 2026 is judged under the narrower 2022 standard, which only counted cash assistance and long-term institutional care. Benefits received on or after that date can be considered under the broader new policy, even in applications filed years later.

Does using Medicaid or SNAP affect a Green Card application now?

Not yet. Benefits received before September 18, 2026 should generally continue to be evaluated under the prior regulatory framework. However, applicants should remember that USCIS is making a forward-looking assessment of whether they are likely to become a public charge.

Officers may still evaluate an applicant’s current financial circumstances, including income, assets, employment history, education, health, and family situation, when determining future likelihood.

Does the public charge rule apply to citizenship applications?

No. Public charge is a ground of inadmissibility, so it applies to people seeking admission or a Green Card, not to lawful permanent residents applying for naturalization.

When exactly does the new public charge policy take effect?

The rescission takes effect on September 18, 2026. That is 60 days after the rule's scheduled publication in the Federal Register, and by then, new adjustment of status applicants may need to file an updated I-485 petition.