New Public Charge Rule: What It Means for Your Green Card

The Department of Homeland Security issued a new public charge rule on July 16, 2026. It is scheduled to take effect on September 18, 2026. Under this rule, immigration officers can deny a green card application if they decide an applicant is likely to rely heavily on government benefits in the future.

What changed — and why it matters

Under the previous Biden-era policy, officers looked at only two types of benefits: cash assistance programs like TANF and SSI, and government-funded long-term care like nursing homes. The new rule drops that defined list. Instead, officers will use a broader "totality of circumstances" standard. According to Carlos Arnao, director of Healthy Communities at the New York Immigration Coalition, this means a wider range of programs — including SNAP (food stamps), Medicaid, CHIP (children's health insurance), and Section 8 housing assistance — could now factor into a public charge decision. Arnao warned that removing a fixed list gives individual officers more discretion, which could introduce personal bias into decisions.

DHS estimates that about 950,000 people may drop out of — or never enroll in — six means-tested benefit programs because of this rule. Advocates from the New York Immigration Coalition, the Arab American Family Support Center, the Asian American Federation, and other organizations held a press conference on July 21, 2026, calling the rule "cruel, cold-hearted, and short-sighted." USCIS spokesperson Zach Kahler defended the policy, saying the administration is "protecting American taxpayers from subsidizing aliens who may become dependent on public benefits."

The rule also introduces a new wrinkle for families. Under the previous policy, benefits received by family members generally were not considered. Now, officers may look at benefits used by people the applicant is legally required to support — including children, parents, and grandparents. USCIS will also release a revised Form I-485 (the application for a green card from inside the US). Applications filed on or after September 18 using an older version of the form will not be accepted. The rule is not retroactive: if you stopped receiving benefits before September 18, officers generally should not count those past benefits against you. But if you are still receiving benefits when you apply on or after that date, officers may consider them.

Who is — and is not — affected

The rule applies to people applying to adjust their status to lawful permanent resident (get a green card from inside the US) or seeking admission to the US. It does not apply to US citizens or current green card holders. Refugees, asylees, U visa holders, and T visa holders remain exempt — those exemptions were set by Congress and are unchanged. However, Arnao cautioned that some people who are currently exempt may later become subject to the rule if they apply to adjust their status to lawful permanent resident. In those cases, officers could still consider their benefit use.

What to do

• Do not stop using benefits yet. New York City Commissioner of Immigrant Affairs Faiza N. Ali said nothing has changed as of today, and lawyers strongly advise against dropping benefits without speaking to an attorney first.
• Talk to a qualified immigration attorney before September 18 to understand how the rule applies to your specific situation. New York City residents can call the free, confidential immigration legal hotline at 1-800-354-0365 for help in their preferred language.
• Watch for the revised Form I-485. USCIS will release an updated version before the rule takes effect. If you plan to file on or after September 18, you must use the new form.
• Check nyc.gov/publiccharge for updated guidance as the September 18 date approaches — and monitor court decisions, since advocates say legal challenges could delay or block the rule.

What to do, step by step — see our guide “Immigration Medical Exam (I-693)”.