US to enforce stricter green card rules for public charge test
The United States has announced updated guidance for assessing green card applicants under the public charge rule. The U.S. Citizenship and Immigration Services (USCIS) will implement these changes, affecting how officers evaluate whether an applicant is likely to become dependent on government assistance. The new policy outlines specific factors and expands the types of benefits considered. Some categories of applicants, such as refugees and asylees, remain exempt from these requirements.
What we know
- The updated public charge assessment will take effect from September 18, 2026.
- USCIS officers will consider five statutory factors, including age, health, family status, assets, and education/skills.
- For benefits received before September 18, 2026, only public cash assistance and long-term institutionalisation will be considered; after this date, a broader range of means-tested benefits will be included.
- Exemptions remain for certain groups, such as refugees, asylees, victims of human trafficking, special immigrant juveniles, and some Violence Against Women Act self-petitioners.
- The new guidance applies to Form I-485 applications subject to the public charge ground of inadmissibility that are postmarked or electronically submitted on or after September 18, 2026.
