BEYOND THE VISA Stricter public charge rules effective September; be sure to get your I-485 ready
By Licelle Cobrador
On July 20, 2026, the U.S. Department of Homeland Security (DHS) repealed the Biden Administration public charge rule, effective September 18, 2026.
This will allow the United States Citizenship and Immigration Service (USCIS) to deny green cards to anyone deemed likely to rely on government assistance, such as SNAP or food stamps, Medicaid or housing vouchers. Current or past access of government support may trigger stricter scrutiny and increase the risk of denial. The thinking behind public charge is that a future immigrant should be able to take care of himself and not pose a burden to the government.
A new Form I-485 takes effect on September 18, aligning with stricter public charge requirements. Applications submitted on or after this date using the old form will be rejected.
Although the Immigration and Nationality Act does not define “public charge,” it requires a totality test of certain factors to assess whether an applicant will depend on the government for support. With the final rule, USCIS officers will possess wider discretion on what factors to consider, such as an applicant’s age, education, health, and finances to predict future self-sufficiency.
The final rule applies to family and employment-based green card applicants, as well as certain nonimmigrants seeking U.S. entry or consular visas. However, those under humanitarian categories, including VAWA self-petitioners, refugees, asylees, and T or U visa holders (victims of human trafficking or qualifying crimes, respectively) are exempt from any public charge rule.
Eligible applicants should file their I-485 before September 18 to ensure timely processing. Immigration cases are complex—seeking professional legal advice tailored to your specific situation is strongly advised.
The FilAm run a regular section for immigration matters, “Beyond the Visa,” by lawyer Licelle Cobrador. Atty. Licelle of Cobrador & Associates www.cobradorlaw.com begins with the question: What’s the latest? Licelle cuts through the noise, bringing deep knowledge, focus and clarity to our immigration journeys. You may reach her at info@cobradorlaw.com.
