The Department of Homeland Security (DHS) published a final rule on July 20 that eliminates public charge regulations. established in 2022The measure gives immigration officials greater discretion in evaluating each case.
The new policy will take effect on September 18, 2026. Protecting Immigrant Families (PIF) published a comparison detailing the main changes.
What is public charge?
In the context of United States immigration law, public charge (public charge) is an inadmissibility criterion used to determine whether a person applying to enter the country or adjust their status to permanent resident (obtain the Green Card) will depend primarily on the government for its upkeep.
If immigration authorities (USCIS or the Department of State) consider that an applicant is or could become a public charge, they may deny the visa or residency.
To whom does the public charge apply?
According to the PIF, the evaluation applies to people who apply for the green card through a family member. It also applies to people with permanent residency who leave the United States for more than 6 months.
When do the changes begin to be implemented?
The new policy comes into effect on September 18, 2026.
The DHS rule will apply to applications for admission submitted on or after that date. It will also apply to applications for adjustment of status submitted by mail or electronically on or after September 18.
What changes with public benefits?
This is one of the major changes. According to Protecting Immigrant Families (PIF), under the 2022 rule, officials considered two types of benefits. One was federal or state cash assistance to maintain income.
The other was long-term institutionalization paid for by the government. In simpler terms, this refers to living for an extended period in a care facility when the government pays for that care.
PIF identifies these two categories as those considered under the 2022 rule.
From September 18, officials will no longer be limited to those types of benefits, according to PIF.
DHS notes that the new policy will give officials greater discretion. This will allow them to consider the relevant facts when evaluating each case.
What happens to benefits received before September 18th?
The date on which the benefits were received is important.
For benefits used before September 18, 2026, officials may consider both types included in the 2022 rule.
After that date, the new policy allows for consideration of other social assistance programs, according to PIF.
The DHS rule also addresses income-based benefits received before its effective date. These will be considered in accordance with the 2022 rule.
Can they consider the benefits a family member receives?
There is an important change at this point.
Under the 2022 rule, the use of assistance programs by a family member was not considered.
Under the new policy, officials will be able to consider the benefits a dependent receives. According to PIF, that information can serve as evidence of the applicant's income and financial situation.
This does not mean that these benefits are considered as if the applicant had received them directly. PIF notes that they can be used as evidence when assessing their income and financial situation.
What about the sworn statement of financial sponsorship?
La sworn statement of financial sponsorship It remains mandatory for sponsored immigrants. However, the way officials can consider it has changed.
Under the 2022 rule, PIF notes that having a sponsor increased the likelihood of meeting the public charge assessment.
Under the new policy, the declaration remains mandatory. However, officials should not consider it a positive factor.
What other factors might immigration officials consider?
PIF mentions several factors that may be part of the assessment. These include age, income, education, skills, employment, and health. Affidavits of financial support and benefit programs may also be considered.
Under the new policy, officials will be able to consider other factors at their discretion.
DHS notes that this change gives officials greater discretion to evaluate the relevant facts of each case.
Does receiving benefits automatically mean a person will be considered a public charge?
No. The final rule does not state that receiving a benefit alone determines the outcome of the evaluation.
DHS notes that officials will have greater discretion to evaluate the relevant facts of each case.
What is the most important thing to remember?
The key date is September 18, 2026.
From that day forward, there will be several changes. According to PIF, officials will no longer be limited to the same types of benefits included in the 2022 rule.
They may also consider the benefits a dependent receives as evidence of the applicant's financial situation. In addition, they will have discretion to consider other factors.
However, PIF notes that it does not change who is subject to the public charge assessment.
This article uses information from Protecting Immigrant Families, published in July 2026, and the Department of Homeland Security's final rule on public charge.
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