US changing Green Card application rules: What you should know
What's the story
The United States government will change its public charge assessment for certain Green Card applicants from September 18. The new guidelines, issued by the US Citizenship and Immigration Services (USCIS), will see immigration officers considering a range of factors including health, finances, education, and skills. A broader range of government benefits may also be taken into account under this revised assessment process.
Rule details
Understanding the public charge rule
The public charge rule is a criterion used to determine if certain immigrants seeking permanent residence are likely to become dependent on government assistance.
While the Immigration and Nationality Act does not define "public charge," it mandates USCIS officers to consider specific factors in their decision-making process.
Under the new guidance, these officers will follow updated guidance and will consider an applicant's circumstances, including the receipt of certain means-tested public benefits.
Affected parties
New guidelines apply to these applicants
The updated guidelines will apply to all individuals applying for a Green Card, unless their immigration category is exempt.
This includes several family-based and employment-based categories, as well as diversity visa immigrants and other specified immigration categories.
The public charge test will also apply to Forms I-485 that are postmarked or electronically submitted on or after September 18, 2026.
Exempt groups
Who is exempt from the public charge test?
Several groups have been exempted from the public charge test by US Congress.
These include asylees and refugees, special immigrant juveniles, applicants for Temporary Protected Status, victims of human trafficking with T non-immigrant status, and those who have been a victim of qualifying criminal activity with U non-immigrant status.
Self-petitioners under the Violence Against Women Act and certain battered aliens are also exempt from this rule.
Assessment criteria
USCIS will consider 5 factors set out by Congress
USCIS officers will consider five factors set out by Congress: age, health, family status, assets/resources/financial status, and education/skills.
They may also take into account other factors relevant to determining if an applicant is likely at any time to become a public charge.
The guidance emphasizes that USCIS will not rely on a single factor but will evaluate the totality of circumstances in each case.
Application impact
How will USCIS treat government benefits?
The receipt of government benefits can affect a Green Card application, but its treatment depends on when it was received.
For means-tested public benefits received before September 18, 2026, USCIS will only consider the applicant's receipt of public cash assistance for income maintenance and long-term institutionalization at government expense.
However, for means-tested benefits received on or after September 18, 2026, USCIS officers will consider any and all such benefits.
Denial assurance
Receiving benefit won't automatically make an applicant inadmissible
The USCIS guidance clarifies that receiving a benefit does not automatically make an applicant inadmissible.
An officer will consider the five statutory factors and other relevant information, including applicable means-tested benefits, before deciding if the applicant is likely at any time to become a public charge.
This assessment will be case-by-case, ensuring fairness in the process.