‍A Significant Policy Shift

We want to make sure our clients are aware of an important development in public charge policy. USCIS has published a final rule rescinding the 2022 public charge regulation that has governed inadmissibility determinations since December 2022. The rule was published in the Federal Register on July 20, 2026 (91 FR 45324; DHS Docket No. USCIS-2025-0304; RIN 1615-AD06), and is scheduled to take effect on September 18, 2026.

Understanding the Rule Being Replaced

Under the 2022 regulation, USCIS officers were instructed to consider only specific enumerated public benefits when determining whether an applicant was likely to become a public charge. That framework prevented officers from considering many widely used public benefits, including SNAP, CHIP, and Medicaid, and it also barred officers from factoring an applicant's disability into the determination. Under the Immigration and Nationality Act, an applicant for a visa, admission, or adjustment of status may be found inadmissible if an officer determines the person is likely at any time to become a public charge, and the 2022 rule had narrowed which circumstances could be weighed in that analysis.

What This Means for Our Clients

With this rescission now finalized, USCIS officers will be permitted to assess all pertinent facts on a case-by-case basis rather than applying the more defined criteria we have relied on in advising clients since 2022. In our view, this shift toward broader discretion introduces more uncertainty into the process, since fewer regulatory definitions will be available to guide these determinations. We are advising clients to be prepared to submit comprehensive evidence of their ability to support themselves and their households, particularly if their case involves limited income, prior receipt of public benefits, or a household member with a disability. The final rule also revises related provisions governing public charge bonds. 

What We Are Doing and What You Should Do

USCIS will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status, and older versions of the form postmarked or filed electronically on or after the effective date will not be accepted. The new standards will generally apply to applications for admission and adjustment of status filed on or after September 18, 2026, while benefits received before implementation will continue to be evaluated under the policies in effect at that time. We recommend that any client currently preparing an adjustment of status or admission application review their case with our office well before the effective date, since a broader discretionary standard may change how certain facts are weighed.

We will continue to monitor USCIS guidance as the effective date approaches and will update our clients as more information becomes available. If you have questions about how this change may affect your pending or upcoming application, please contact our office at 703-348-1663.

‍