Latest on Public Charge
Last updated: September 25, 2026
On July 20, 2026, the federal government announced their plans to rescind (take away) the previous administration’s DHS rule on public charge, which applies to inadmissibility determinations for cases decided by U.S. Citizenship and Immigration Services (USCIS). Because USCIS is not replacing the 2022 rule, after the rescission we are left with the statute (Immigration and Nationality Act) and guidance issued by USCIS. On August 18, 2026, USCIS published guidance for how adjudicators will assess public charge after the rule is rescinded. That guidance has now been incorporated into the USCIS Policy Manual.
The rescission and guidance went into effect on September 18, 2026, however the changes are NOT retroactive; the new policy only applies to adjustment of status (I-485) applications postmarked or e-filed on or after September 18, 2026. Additionally, various cities, states, and organizations have sued challenging the new rule. Although now in effect, it is possible that the new policy may be paused or halted by the ongoing litigation. Check back for updates at https://www.ilrc.org/pc-updates.
For cases evaluated under the new policy that took effect on September 18, 2026, the new USCIS guidance makes it clear that the agency will consider many more public benefits when assessing public charge. This can include any means-tested benefit (a benefit given based on a family’s income level) including Medicaid, food stamps, and housing assistance, among others. The guidance also allows adjudicators to consider the means-tested benefits that certain family members of applicants receive, even where the applicant doesn’t receive benefits themselves.
Anyone with a pending green card application that was filed with USCIS before September 18, 2026, will be decided based on the prior, more favorable policy from 2022. Under the 2022 rule, many programs do not raise public charge concerns, including: health care programs like Medicaid and COVID care, housing, nutrition programs, and many other vital services. Under the 2022 rule only applicants deemed likely to become primarily dependent on cash aid for income maintenance or long-term care at government expense can be denied for public charge.
Certain key points about public charge remain true, even without the 2022 rule. The public charge test only applies to some programs and some immigrants:
- It never applies to U.S. citizens
- It also doesn’t apply to most people with a green card, or asylees, refugees, people with U visas, T visas, VAWA, and many others.
Additionally, changes to public charge immigration policy never alter immigrant eligibility for public benefits. Public charge decisions happen when someone applies for their green card or to immigrate to the United States.
Consular processing warning: Those who will be leaving the United States to apply for their green cards abroad, at a U.S. consulate or embassy, should be aware that the Department of State has already issued new guidance that will likely expand the number of individuals who are denied a visa for public charge. Now that the new USCIS guidance is in effect, we expect that we will see more changes within the Department of State as well. If you will be leaving the United States to consular process, check in with a trusted advocate before leaving the country. To find free or low-cost immigration legal advice, go to ilrc.me/gethelp.
Additionally, in early 2026 the Department of State announced a pause on visa issuance for individuals from 75 countries (full list below) based on purported public charge concerns. The pause (referred to by some as a “travel ban”) implemented a blanket ban on individuals from these countries based on the government’s view that people from these countries are at “high risk” of becoming a public charge. On August 21, 2026, a federal court struck down this pause as unlawful and the Department of State has confirmed the visa pause is no longer in effect. Nonetheless, because of new public charge policies, it is very important to talk to a legal representative before leaving the United States to attend a consular interview. The government also has appealed this decision. For more updates on this case, CLINIC et al. v. Rubio et al., see NILC’s page here. Note the visa ban did not apply to those who were applying for green cards at USCIS within the United States, it only applied to those who were applying for a green card and would attend their green card interview at a U.S. consulate or embassy abroad.
List of countries affected by this visa ban: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.