USCIS Public Charge Rule 2026 | New I-485 Rules Take Effect September 18

The U.S. Department of Homeland Security (DHS) has finalized a rule, published in the Federal Register on July 20, 2026, rescinding the 2022 public charge regulations, with the change taking effect September 18, 2026. The new approach applies to Form I-485 adjustment of status applications postmarked or submitted electronically on or after September 18, 2026. A revised Form I-485 will be required for filings from that date, so applicants should check the USCIS website for the current form edition before submitting. Under the new framework, USCIS officers will have broader discretion to assess the totality of circumstances using five factors: age, health, family status, assets and financial status, and education and skills. Benefits received before September 18, 2026 will be assessed under the more limited 2022 standard, while benefits received on or after that date can include a wider range of means-tested benefits, including housing assistance, food stamps and certain financial aid. Exempt categories, including refugees, asylees, trafficking or crime victims, Special Immigrant Juveniles, TPS applicants and VAWA self-petitioners, remain unaffected. Applicants should verify the latest USCIS guidance and required Form I-485 edition before filing.