A significant change to U.S. immigration policy is coming this September, and individuals preparing to apply for permanent residence should pay close attention.

Effective September 18, 2026, the Department of Homeland Security (DHS) will rescind the 2022 regulation governing how U.S. Citizenship and Immigration Services (USCIS) determines whether certain immigrants are likely to become a “public charge.” The change will give immigration officers broader discretion when evaluating public-charge inadmissibility and could significantly affect how certain green card applications are reviewed.

The public-charge ground of inadmissibility is not new. Federal immigration law requires certain individuals seeking admission to the United States or adjustment to lawful permanent resident status to demonstrate that they are not likely to become a public charge.

In making that determination, immigration law requires consideration of the applicant’s age, health, family status, assets, resources and financial status, and education and skills, among other applicable factors. Not every immigration applicant is subject to the public-charge ground of inadmissibility, and several categories are exempt.

Under the current 2022 framework, USCIS operates under a defined regulatory standard that limits which public benefits are considered and focuses heavily on whether an individual is likely to become primarily dependent on the government for subsistence.

DHS is now removing that regulatory framework.

Beginning September 18, USCIS will have greater discretion to evaluate the totality of an applicant’s circumstances rather than being constrained by the 2022 regulation. DHS has specifically indicated that the change removes limitations on the types of public benefits that may be considered and allows consideration of means-tested non-cash benefits, along with other individualized factors relevant to an applicant’s ability to support themselves.

Importantly, USCIS has announced that it will issue additional guidance before the rule takes effect. That means applicants should be cautious about claims that there is already a definitive new checklist of benefits that will automatically result in denial. There isn’t. The details of how officers will exercise this expanded discretion are still developing.

The effective date is particularly important for individuals who are already eligible to apply for adjustment of status.

The final rule applies to covered applications for admission made on or after September 18, 2026, and adjustment-of-status applications postmarked or electronically submitted on or after September 18, 2026. Applications filed before that date generally remain subject to the existing 2022 regulatory framework.

That does not mean everyone should rush to file before September 18. Immigration cases are highly fact-specific, and filing an incomplete, inaccurate, or premature application can create problems of its own. But individuals who are already eligible to file, and particularly those concerned about how the public-charge rules may affect them, should consider speaking with an immigration attorney now rather than waiting until the new framework takes effect.

The public-charge ground does not apply to every immigrant or every green card application. Various humanitarian and other categories are exempt, including certain refugees, asylees, VAWA self-petitioners, and applicants associated with T and U nonimmigrant classifications.

For those who are subject to public-charge inadmissibility, however, the September change could make an applicant’s overall financial circumstances and history of certain public-benefit use more significant in USCIS’s analysis.

If you are considering applying for permanent residence, are already eligible to adjust status, or are concerned that you or your family have received public benefits, do not make assumptions about how the new rule applies to you, and do not discontinue benefits based solely on something you read online.

The effect of the public-charge rules depends on the immigration category, the applicant, the benefit involved, the timing of the application and other individual circumstances.

With the September 18 effective date approaching and additional USCIS guidance still expected, now is an appropriate time to review your circumstances with qualified immigration counsel.

BridgehouseLaw’s immigration team can help individuals, families, and employers understand how these changes may affect pending or future immigration matters and determine the appropriate strategy before the new rules take effect. Give us a call to see how we can help.