New rules are now in effect. Starting today, any public benefits may affect green card eligibility

September 18, 2026

Effective today, DHS has rescinded the 2022 rules governing the Public Charge ground of inadmissibility. USCIS now has broader authority to consider an applicant's circumstances and use of public benefits when reviewing certain green card applications.

The new rules apply to Form I-485 applications postmarked or electronically filed on or after September 18, 2026. Applications filed before this date will continue to be reviewed under the 2022 rules. Benefits received before September 18 must also be evaluated under the previous rules.

Previously, when evaluating Public Charge, USCIS primarily considered cash assistance for income maintenance, such as SSI and TANF, as well as long-term institutionalization at government expense. USCIS may now consider a much broader range of public benefits provided based on an applicant's income or assets (means-tested public benefits). Receiving a benefit does not automatically result in a denial. USCIS must consider the totality of the applicant's circumstances, including age, health, family status, financial situation, education, and occupational skills.

What changed in Form I-485

Also effective today, USCIS requires the new 09/18/26 edition of Form I-485. There is no grace period. USCIS will reject the 01/20/25 and 09/04/26 editions if they are postmarked or electronically filed on or after September 18.

The main changes are in Part 9:

• Previously, the form separately asked whether the applicant had received SSI, TANF, or other cash assistance, as well as whether the applicant had experienced long-term institutionalization at government expense. The new form instead asks a broader question about whether the applicant has ever received any public benefit for which eligibility depends on income or assets (means-tested public benefit).
• The two separate benefits tables have been combined into one. Applicants must now provide the name of the benefit, dates received, amount if applicable, and reason for receiving it. The separate field asking whether the benefit was received while the applicant belonged to a category exempt from Public Charge has also been removed.
• The previous form simply asked for the number of household members. The new edition asks applicants to describe their family status in greater detail.
• Questions about household income, assets, liabilities, education, and occupational skills were already included in the previous edition of Form I-485. They are not new to the 09/18/26 edition, although they are now considered under a broader Public Charge framework.

Another significant change concerns the form instructions. The previous version explained in detail which benefits were not considered, including SNAP, WIC, CHIP, housing assistance, school meals, and certain other programs. Those detailed exclusions have been removed from the new instructions, and applicants are instead directed to current USCIS guidance.

Important: Public Charge rules do not apply to refugees or individuals who have been granted asylum.

Download the new version of the form:
USCIS - Form I-485

Sources:
Federal Register - Public Charge Ground of Inadmissibility
USCIS Policy Manual - Public Charge

I-GUIDE provides information from official sources and does not provide legal advice.