New Public Charge Rule Is Now in Effect: What Green Card Applicants Should Know

A new public charge rule began on September 18, 2026. Public charge is the rule that asks whether a green card applicant is likely to depend on the government for support. The new rule changes how USCIS officers look at that question, and it matters if you have a pending green card case or plan to file soon. What changed? The Department of Homeland Security published the final rule in the Federal Register on July 20, 2026. It cancels the 2022 public charge rule. Under the older rule, only certain cash assistance and long-term institutional care at government expense were counted. Under the new rule, officers can look at a wider set of programs, including Medicaid and SNAP (food stamps). The Federal Register notice says benefits received before September 18, 2026 are still considered under the 2022 approach. The new rule applies to green card applications called Form I-485 that were postmarked or submitted electronically on or after September 18, 2026. It also applies to some visa and admission applications made on or after that date. If your package was sent before that date, the rule's changes do not apply to it, according to the official notice. Check the exact postmark or online submission date on your records. Using a benefit does not automatically lead to a denial. USCIS officers must look at the whole picture. They consider factors such as age, health, education and skills, family status, assets and finances, and employment history. They also review the Affidavit of Support when one is required. A person's full situation still counts. What about the lawsuits? On September 14, 2026, New York and 21 other states, plus the District of Columbia, sued in federal court in Manhattan to block the rule. Maryland is one of the states in that case. A separate case was filed the same day by New York City, Chicago, and several other cities and counties. A third case was filed on September 17. The states say the rule goes beyond the law and gives officers too little clear guidance. The Department of Homeland Security has defended the change. As far as the reports I could confirm show, no court has blocked the rule. A lawsuit does not pause a rule by itself. A court could still act at any time, so the rule's status may change. A pretrial conference in the New York case was scheduled for October 9, 2026, and I could not confirm what happened there. What this means for you: If you have a pending green card case, or you plan to file Form I-485 soon, read the official USCIS guidance on public charge before you submit anything. Keep accurate records of the benefits you and your family members have received, and the dates you received them. Do not stop needed medical care or food assistance for children or other family members without first talking to a trusted professional. Benefit use is only one part of the review. If you are unsure how the rule affects your case, talk to an immigration attorney before filing or before changing any benefit use. Many community legal clinics also offer free or low-cost help. Please check uscis.gov and reliable news sources again before you file, because the rule and the court cases can change quickly. This article is general information, not legal advice. Sources: Federal Register: Public Charge Ground of Inadmissibility: https://www.federalregister.gov/documents/2026/07/20/2026-14539/public-charge-ground-of-inadmissibility USCIS Issues Guidance on Making Public Charge Inadmissibility Determination: https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination Maryland joins lawsuit against Trump's changes to green card policy: https://thedailyrecord.com/2026/10/07/maryland-joins-lawsuit-trump-green-card-public-charge-rule/ States Challenge Public Charge Rule Affecting Green Card Applicants: https://www.envoyglobal.com/news-alert/states-challenge-public-charge-rule-affecting-green-card-applicants/ Photo: Vagaro on Unsplash