A New Public Charge Rule Now Applies to Some Green Card and Entry Applications

A new federal public charge rule took effect September 18, changing the standard applied to certain applications for admission to the United States and applications to adjust immigration status. The filing date now determines which framework applies.

September 18 Is the Key Date

According to the Department of Justice’s Federal Register notice index, the Department of Homeland Security rescinded the 2022 public charge rule and restored broader discretion for officers evaluating whether an applicant is likely to become a public charge.

The new rule applies to applications for admission made on or after September 18, 2026, and to adjustment-of-status applications postmarked or electronically submitted on or after that date. That gives the change a clear operational boundary rather than a gradual phase-in.

Earlier Benefits Are Treated Under the Prior Framework

The final rule says receipt of means-tested public benefits before September 18 will be considered consistently with the 2022 rule. DHS said the rescission is intended to give officers broader ability to consider the full set of facts in a case.

The rule does not mean every applicant who has used a public benefit is automatically denied. Public charge decisions are individualized legal determinations, and the change concerns the framework officers use when reviewing covered applications.

The Consequence Is Immediate for New Filings

For people preparing an admission or adjustment application, the relevant question is now when the application was made or filed. A submission on one side of September 18 can fall under a different regulatory framework from a submission on the other side.

Because immigration eligibility is case-specific, applicants may need qualified legal guidance for how the rule applies to their circumstances. The national change itself, however, is already in effect for covered applications filed from September 18 forward.

References: Federal Register Notices 2026 | Public Charge Ground of Inadmissibility