US tightens green card rules with stricter public charge test

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The United States is set to introduce stricter public charge assessments for certain green card applicants from September 18, 2026, under updated guidance from the US Citizenship and Immigration Services.

Under the new rules, immigration officers will assess applicants based on their age, health, family status, assets, resources, financial position, education and skills when determining whether they are likely to become primarily dependent on government assistance.

USCIS said officers would consider all relevant evidence and make decisions based on the applicant’s overall circumstances rather than a single factor.

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The agency may also consider an applicant’s receipt of means-tested public benefits. The range of benefits considered will expand for benefits received from September 18, 2026.

The changes follow a final rule by the Department of Homeland Security rescinding the 2022 public charge regulation.

The rule was published in the Federal Register on July 20 and is scheduled to take effect on September 18.

USCIS said the revised approach reflects the government’s position that immigrants should remain self-sufficient and not depend primarily on taxpayer-funded benefits.

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However, the public charge requirement does not apply to all green card applicants. Exempt categories include refugees and asylees, certain victims of human trafficking and qualifying crimes, special immigrant juveniles and certain applicants under the Violence Against Women Act.

USCIS will also retain its public charge bond process. Where an applicant is found inadmissible solely because they are considered likely to become a public charge, the agency may allow the applicant to post a financial bond.

The new guidance will apply to Form I-485 applications subject to the public charge ground of inadmissibility that are submitted or postmarked from September 18, 2026.

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