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Public Charge Rule — what it is and when it matters for immigrants

The public charge rule: how USCIS decides whether an applicant is likely to depend on government subsistence, which benefit programs count and which do not.

Public Charge Rule — what it is and when it matters

🔴 Update — the framework that replaced the 2022 rule (both in effect since September 18, 2026)
Two things are settled. First, DHS’s final rule (FR doc 2026-14539, 91 FR 45324) rescinded the 2022 public-charge regulation described on this page, effective September 18, 2026. Second, on August 18, 2026 USCIS published the Policy Manual guidance that governs from that date — it supersedes the 1999 Interim Field Guidance and applies to Forms I-485 postmarked or filed electronically on or after September 18, 2026. What it says:
In effect since September 18, 2026. An I-485 postmarked or e-filed before that date is still decided under the 2022 rule on this page.
Five statutory factors drive the determination: age; health; family status; assets, resources, and financial status; and education and skills — plus Form I-864 (Affidavit of Support), and “any other factor relevant” in a case-by-case totality review.
The benefit look-back splits at September 18, 2026. For means-tested benefits received before that date, USCIS considers only public cash assistance for income maintenance and long-term institutionalization at government expense — the 2022-rule limits, not applied retroactively. For means-tested benefits received on or after that date, USCIS considers “any and all” of them — it names cash assistance, housing assistance, food stamps (SNAP), and financial aid for college — as factors, not automatic disqualifiers.
Public-charge bonds return. If an applicant is inadmissible only on public-charge grounds, the officer may invite a bond (Form I-945, cash or Treasury-certified surety) sized to the assistance the person might receive over five years. You can only file I-945 if USCIS invites it in a Notice of Intent to Deny.
USCIS published the 09/18/26 edition of Form I-485 on September 18, 2026; the 01/20/25 and 09/04/26 editions are rejected if postmarked or e-filed on or after that date.
Court challenges (as of Sept. 24, 2026): New York, 20 other states, the governor of Pennsylvania and the District of Columbia sued in the Southern District of New York on Sept. 14, 2026 (State of New York v. DHS, No. 1:26-cv-07978). New York City and other cities and counties filed a separate suit the same day (No. 1:26-cv-07982). Make the Road New York and others filed a third suit on Sept. 17 (No. 1:26-cv-08129), which the court accepted as related. No court has blocked the rule. The first conference is set for Oct. 9, 2026.
The sections below describe the 2022 rule, which still governs I-485s postmarked before September 18, 2026 and all benefit use before that date.

The “Public Charge Rule” is USCIS’s determination whether an immigrant is likely to depend on government for subsistence. This rule affects:

Visa or green card applications from abroad or within US
Entry to US as immigrant at ports of entry

Does NOT affect most daily situations like applying for jobs, driving, renting, etc.

Regulatory history

2019-2021: Trump expansive rule (REPEALED)

Trump administration (2019) drastically expanded the rule to consider use of many benefits (SNAP, Medicaid, subsidized housing, etc.) as negative factor for immigration. Caused massive fear and many eligible people gave up needed benefits.

Repealed in March 2021 by Biden administration.

2022 rule (more limited; rescinded effective September 18, 2026)

The 2022 rule is much more limited. It still governs I-485s postmarked before September 18, 2026 and benefits received before that date. Under the 2022 rule, USCIS considers only two categories of benefits:

Public cash assistance for income maintenance — Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and state or local cash welfare (“general assistance”) programs.
Long-term institutionalization at government expense — for example, long-term care in a nursing home or mental health institution paid for by Medicaid.

Programs that are NOT counted under the 2022 rule include SNAP, non-emergency Medicaid, CHIP, subsidized housing (Section 8), WIC, school lunch, and energy assistance (LIHEAP).

September 18, 2026: 2022 rule rescinded

DHS’s final rule (91 FR 45324) rescinded the 2022 regulation effective September 18, 2026. USCIS Policy Manual guidance now governs I-485s postmarked or electronically submitted on or after that date; for means-tested benefits the applicant receives on or after that date, officers consider “any and all” of them as factors (see the update at the top of this page).

Who is subject?

YES applies to:

Immigrants applying for green card from abroad (consular processing)
Immigrants applying for adjustment of status to green card within US (Form I-485)
People applying for non-immigrant visas (B-1/B-2, F-1, H-1B) in some circumstances
Green card renewal — does NOT apply

NO does not apply to:

US citizens
LPRs NOT applying for new visa
Refugees / asylees (statutory exempt)
Trafficking victims / VAWA / U/T visa holders
DACA recipients (does not apply to DACA renewal)
TPS recipients
Children applying for citizenship under Child Citizenship Act

Factors USCIS considers

When someone is subject to public charge, USCIS evaluates “totality of circumstances”:

Positive factors

✅ Age (younger better than very old)
✅ Health (no serious medical conditions)
✅ Education (more studies better)
✅ Skills (trades, languages, certifications)
✅ Income or assets (above 125% federal poverty)
✅ Having sponsor (I-864) signing responsibility
✅ Stable current employment
✅ Private health insurance (most important under the 2022 rule)

Negative factors

❌ Past use of cash assistance (SSI, TANF, state cash welfare)
❌ Long-duration institutional care government-funded
❌ Old age with medical issues + no insurance
❌ No work, no income, no sponsor

Programs that are NOT counted under the 2022 rule

Under the 2022 rule — which still governs benefits received before September 18, 2026 — the following programs are not counted in a public charge determination:

SNAP (food stamps)
Medicaid (non-emergency)
CHIP (children’s health insurance)
Subsidized housing (Section 8)
WIC (Special Supplemental Nutrition Program for Women, Infants, and Children)
Free or reduced-price school lunch
Energy assistance (LIHEAP)
COBRA / Marketplace coverage

Receiving these programs before September 18, 2026 — for the applicant or for US-citizen children in the household — does not, under the 2022 rule, count as a negative factor in a public charge determination. For benefits the applicant receives on or after that date, see the update at the top of this page.

Programs that ARE counted under the 2022 rule

The following benefits are counted under the 2022 rule:

SSI (Supplemental Security Income)
TANF (Temporary Assistance for Needy Families)
State or local general assistance (cash welfare)
Long-term institutionalization at government expense (for example, long-term nursing-home or institutional care paid for by Medicaid)

Past receipt of one of these benefits is one of several factors USCIS weighs in the totality of circumstances; it is not automatically disqualifying. Anyone who has received these benefits and is concerned about how they affect a specific case should consult a licensed immigration attorney.

Rule changes — the scope shifts between administrations

Public Charge Rule is politically sensitive and administrations change its scope: the 2019 rule expanded the counted programs, the 2022 rule narrowed them, and DHS rescinded the 2022 rule effective September 18, 2026. Three lawsuits challenging the rescission are pending in the Southern District of New York (see the update at the top of this page). Because the regulatory environment can change, documentation of income, employment, and health insurance can remain relevant.

Last verified: September 24, 2026

General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.

Consulate of your country in the US — passport renewal, consular ID, document apostille
ITIN — file federal taxes without SSN — for people with a US filing or reporting obligation who aren’t eligible for an SSN
USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
Find an immigration attorney — pro bono lists + AILA + BIA-recognized
Know Your Rights — ICE encounters — constitutional protections

Frequently asked questions

Is the public charge rule changing in 2026?

Yes — it changed on September 18, 2026. DHS rescinded the 2022 public-charge regulation effective that date, and on August 18, 2026 USCIS published the Policy Manual guidance that replaces it (superseding the 1999 Interim Field Guidance). The 2022 rule described here still governs I-485s postmarked before that date and benefits received before it. For I-485s postmarked or electronically submitted on or after that date, officers weigh five statutory factors — age; health; family status; assets, resources and financial status; education and skills — case-by-case; benefits received before September 18, 2026 are still judged under the 2022 rule’s limits, while any means-tested benefit the applicant receives on or after that date can be considered. USCIS now accepts only the 09/18/26 edition of Form I-485; the 01/20/25 and 09/04/26 editions are rejected if postmarked or electronically submitted on or after September 18, 2026.

What is the public charge rule?

Public charge is a test used when someone applies for a green card or admission, asking whether they are likely to become dependent on the government. For an I-485 postmarked or electronically submitted on or after September 18, 2026, USCIS officers can consider any means-tested public benefit the applicant receives from that date as one factor in a case-by-case review. Under the 2022 rule, which governed I-485s postmarked before September 18, 2026 (and still governs benefits received before that date), only cash welfare (like TANF or SSI) and long-term government-funded institutional care are counted.

Which benefits count against me under public charge?

It depends on when you received them. Benefits received before September 18, 2026: only cash assistance for income maintenance (TANF, SSI, state general assistance) and long-term institutional care at government expense — SNAP, Medicaid (other than long-term care), CHIP, WIC, housing aid, school meals, and disaster relief do NOT count. Benefits the applicant receives on or after September 18, 2026: under the new USCIS guidance, any means-tested public benefit — including SNAP, housing assistance, and college financial aid — can be weighed as a factor in a case-by-case review. Note the new framework governs applications FILED on or after September 18, 2026; an I-485 postmarked before that date is still adjudicated under the 2022 rule.

Does my US-citizen children's use of SNAP or Medicaid hurt my case?

Under the 2022 rule (I-485s postmarked before September 18, 2026): no. Benefits received by your family members — including US-citizen children — are not counted against you; only benefits you receive for yourself, of the limited counted types, are considered. The USCIS guidance in effect since September 18, 2026 keeps that rule on receipt — it says USCIS ‘does not attribute to the alien the receipt of means-tested public benefits if the benefit is received by the applicant’s relatives, including children’ — but it adds that where a relative the applicant is legally obliged to support qualifies because the applicant’s own income or assets fall below a threshold, the officer considers that low income under the assets, resources and financial status factor (PA-2026-09). Determinations are case-by-case, so review the current guidance for filings on or after that date.

Who is exempt from public charge?

Many categories are exempt, including refugees, asylees, VAWA self-petitioners, U and T visa applicants, TPS holders, and others. Public charge also does not apply to citizens or, generally, to green-card holders renewing their status.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.