US public charge rule changes on 18 September 2026

A new US Department of Homeland Security public charge rule is due to take effect on 18 September 2026, changing the framework used in some immigration decisions involving admission to the United States and adjustment of status.

The rule rescinds the 2022 public charge regulations. USCIS says officers will again have broader discretion to consider all relevant facts when deciding whether the public charge ground of inadmissibility applies.

The change is important for some people applying for a green card from inside the United States, but it does not apply to every immigration category. People should check the rules that apply to their own status before making decisions about benefits, filing dates or applications.

When does the new rule apply?

The final rule was published in the Federal Register on 20 July 2026 and takes effect on 18 September 2026.

According to the rule, it applies to applications for admission made on or after 18 September and to adjustment-of-status applications postmarked or submitted electronically on or after that date.

The Federal Register also states that receipt of means-tested public benefits before 18 September will be considered under the 2022 framework.

A revised Form I-485 is required

USCIS has said it will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status, for the new framework.

USCIS says older versions of Form I-485 postmarked or submitted electronically on or after 18 September 2026 will not be accepted. Anyone preparing to file should therefore check the USCIS Form I-485 page immediately before submitting an application.

What is changing?

The 2022 regulation placed specific limits on how public charge decisions were made. The 2026 final rule removes that regulatory framework and restores broader case-by-case discretion to DHS officers.

That does not mean that receiving a particular benefit automatically leads to a refusal. Public charge decisions depend on the law, the applicant’s immigration category and the totality of the circumstances. Some people and immigration categories are exempt from the public charge ground altogether.

Because the consequences can be significant, Babylon is not giving individual legal advice. Applicants who are unsure how the rule affects them should use official USCIS guidance and, where needed, speak to a qualified immigration lawyer or a US Department of Justice-accredited representative.

Legal challenges are under way

On 14 September, a coalition of US states and a separate coalition of cities and counties filed lawsuits seeking to block the new rule.

The lawsuits argue that the new framework gives immigration officers too much discretion and could deter eligible families from using public services. DHS has defended the rule as a return to a broader reading of the public charge provisions.

The filing of a lawsuit does not by itself stop a federal rule from taking effect. Because a court could still issue an order before 18 September, anyone filing around the effective date should check USCIS and reliable legal updates immediately before submitting documents.

What should applicants do now?

Check whether the public charge ground applies to your immigration category.
If filing Form I-485 on or after 18 September, use the edition USCIS says is valid on the filing date.
Do not assume that one benefit automatically decides a public charge case.
Do not stop health, food, housing or other support solely because of a headline. Get case-specific advice if you are concerned about immigration consequences.
Check for any court order or USCIS implementation update before filing.