New Public Charge Rule: Should You File Before September 18?

A significant change to the public charge rules is coming. On September 18, 2026, a new Department of Homeland Security final rule will take effect and change how immigration officers evaluate whether certain applicants are likely to become a public charge.

The new rule gives immigration officers broader discretion and removes several of the definitions and standards contained in the current regulations. Additional USCIS guidance is expected before the rule takes effect, but for right now, there are still several unknowns.

If you are eligible to apply for adjustment of status now, you should consider speaking with an immigration attorney about whether filing before September 18 is appropriate for your case.

What Does “Public Charge” Mean in Immigration Law?

Public charge is a ground of inadmissibility under U.S. immigration law. It can prevent certain people from receiving a visa, being admitted to the United States, or becoming lawful permanent residents (green card holders) if the government determines they are likely at any time to become a public charge. The public charge analysis is a forward-looking determination based on the applicant’s individual circumstances. It does not apply to every immigrant or immigration application. Exceptions include asylees, refugees, and other humanitarian classifications such as T and U visas.

Many family-based green card applicants are subject to the public charge analysis. That doesn't mean that the people applying for the green card are automatically found to be a public charge; it means that they must take certain steps to show that they are unlikely to become a public charge. This is generally done by submitting the Form I-864, Affidavit of Support, completed by a qualifying financial sponsor (usually the petitioner, or the person sponsoring the family member for the green card).

What Is Changing Under the 2026 Public Charge Rule?

This is an excellent question without a definitive answer right now. The new final rule rescinds most of the public charge regulations adopted in 2022. Those regulations contain definitions and a more detailed framework for making public charge decisions. The new rule effectively does not define what "public charge" means. USCIS has stated that it will issue guidance on or before September 18. Until that guidance is released, we will not know precisely how officers will weigh particular facts or apply the new framework in individual cases.

Will More Public Benefits Be Considered?

Yes. The rule expands the types of benefits that may be considered.

Under the 2022 regulations, officers generally consider only certain cash assistance for income maintenance and long-term institutionalization at government expense.

For benefits received before September 18, 2026, DHS will continue to use that narrower standard. For benefits received on or after September 18, officers may consider any means-tested public benefits as part of the totality of the circumstances. Receiving a benefit does not necessarily mean that an application will be denied; it's one part of an individualized analysis. If you are thinking about filing for permanent residence and if you or a family member receive a means-tested government benefit, you should speak with an immigration lawyer before making decisions about whether to continue receiving the benefit or to stop receiving the benefit. Public charge and public-benefit eligibility are complicated, and the analysis may depend on who received the benefit, when it was received, and the applicant’s immigration category.

What Happens to Form I-864, Affidavit of Support?

The new rule does not eliminate Form I-864. Applicants who are legally required to submit an affidavit of support must continue to provide a properly completed Form I-864 from a qualifying sponsor. Additional USCIS guidance is expected to explain how officers will evaluate affidavits of support and other financial evidence under the new framework. In addition, the regulations indicate that a new version of Form I-485 must be used as of September 18, 2026. The updated form version is not available as of the time of the posting of this blog.

Should You File Before September 18, 2026?

The final rule applies to adjustment of status applications postmarked or electronically submitted on or after September 18, 2026. Applications postmarked or electronically submitted before that date will be governed by the 2022 public charge framework. As a practical matter, eligible applicants who are ready to submit complete and accurate applications may wish to file before September 18, when the existing standards remain in place.

Do not wait until the last few days. USCIS has announced that it will publish a revised Form I-485. Older editions postmarked or electronically submitted on or after September 18 will not be accepted. A rejected filing could cause an applicant to miss the deadline.

However, keep in mind that filing sooner is not appropriate in every case. Eligibility, visa availability, required evidence, medical examinations, financial sponsorship, and other issues must be evaluated before submitting an application.

Talk With an Immigration Attorney About Filing Now

If you are considering applying for a family-based green card, now is the time to evaluate your eligibility and determine whether filing before September 18 is realistic.

Sumner Immigration Law can help you understand whether the public charge rule applies to you, address financial-sponsorship questions, and prepare a complete adjustment-of-status application. Contact our office to schedule a consultation.

This article provides general information and is not legal advice. Public charge determinations are fact-specific, and USCIS is expected to issue additional guidance before the new rule takes effect.