US TOUGHENS GREEN CARD RULES WITH STRICTER PUBLIC CHARGE ASSESSMENT
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By; Sunmola Ganiyat
The United States is set to introduce stricter assessments of the public charge requirement for certain green card applicants from September 18, 2026, following updated guidance issued by the U.S. Citizenship and Immigration Services.
The updated guidance explains how USCIS officers will determine whether an immigrant seeking to adjust status to lawful permanent resident is likely to become a public charge at any point.
A public charge generally refers to an immigrant considered likely to become primarily dependent on government assistance for financial support.
Under the new approach, immigration officers will assess five statutory factors: the applicant’s age, health, family status, assets, resources and financial condition, as well as education and skills.
USCIS said officers would examine all relevant evidence in each applicant’s record and make decisions based on the totality of the individual’s circumstances.
The agency added that officers could also consider other relevant factors, including an applicant’s receipt of means-tested public benefits.
For benefits received before September 18, 2026, USCIS said it would consider public cash assistance for income maintenance and long-term institutionalisation at government expense.
However, benefits received on or after September 18 would be assessed under a broader range of means-tested benefits.
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 was intended to reflect congressional policy that immigrants should remain self-sufficient and avoid dependence on taxpayer-funded government benefits.
However, the public charge requirement will not apply to all green card applicants. Exempt categories include refugees and asylees, certain victims of human trafficking and qualifying criminal activities, special immigrant juveniles and certain Violence Against Women Act self-petitioners.
USCIS will also retain its public charge bond process. Where an immigration officer determines that an applicant is inadmissible solely because the person is likely to become a public charge, the agency may give the applicant an opportunity to post a financial bond.
The amount of the bond will take into account the government assistance the applicant may be eligible to receive over the following five years.
The agency stressed that a public charge determination would not be based on a single factor, but on an assessment of the applicant’s overall circumstances.
The new guidance will apply to Form I-485 applications subject to the public charge ground of inadmissibility that are postmarked or submitted electronically on or after September 18, 2026.
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