The United States is set to introduce stricter US green card rules from September 18, 2026, with U.S. Citizenship and Immigration Services expanding how officers assess whether certain applicants for lawful permanent residence are likely to become a public charge.
The updated approach will require USCIS officers to examine an applicant’s circumstances as a whole rather than relying on a single consideration when making a public charge determination.
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Under the guidance, officers will consider five statutory factors: age, health, family status, assets, resources and financial status, and education and skills. USCIS says decisions will be made case by case based on the totality of the circumstances.
A public charge generally refers to an immigrant who is considered likely to become primarily dependent on government assistance for support.
The new framework follows a Department of Homeland Security final rule rescinding the 2022 public charge regulation.
The change reflects the administration’s stated position that immigrants should be capable of supporting themselves through their own resources, family support, sponsors or other private means.
USCIS may also consider an applicant’s receipt of certain means-tested public benefits when assessing the overall circumstances.
For benefits received before September 18, the agency will consider public cash assistance for income maintenance and long-term institutionalisation at government expense.
For benefits received on or after that date, a broader range of means-tested benefits will be considered.
USCIS has nevertheless made clear that not every government service or benefit will count.
Its guidance lists several exclusions, including school lunch programmes, services provided by the Indian Health Service and certain short-term community or non-profit assistance.
The changes do not apply to every immigrant seeking permanent residence.
USCIS maintains exemptions for several categories, including refugees and asylees, certain victims of human trafficking and qualifying criminal activity, special immigrant juveniles and certain Violence Against Women Act self-petitioners.
The agency will also retain its public charge bond process. Where an applicant is found inadmissible solely because they are likely to become a public charge, USCIS may invite the applicant to post a financial bond.
The amount of such a bond would take into account the government assistance the applicant could be eligible for and potentially receive over the following five years.
USCIS has stressed that a public charge finding will not automatically follow from the use of a particular benefit. Instead, officers are expected to assess the applicant’s financial and personal circumstances collectively.
The new US green card rules will apply to Form I-485 applications that are subject to the public charge ground of inadmissibility and are postmarked or submitted electronically on or after September 18, 2026.
For prospective applicants, the change makes documentation of financial circumstances particularly important.
Evidence relating to income, assets, resources, family circumstances, health, education and employment skills may become increasingly significant in demonstrating that an applicant is unlikely to become a public charge.
The policy marks another significant shift in the US immigration system’s approach to financial self-sufficiency and could make some green card applications more closely scrutinised from next month.
Also read: US Embassy suspends routine nonimmigrant visa services in Nigeria
Applicants who may be affected should check the latest guidance directly from USCIS and consider obtaining qualified immigration legal advice before filing, particularly where public benefits or complex financial circumstances are involved.
Quadri Olaitan is a journalist and contributor to Freelanews.com, covering news, public affairs, and human-interest stories.
