Starting September 18, 2026, USCIS officers will be able to weigh a wider range of public benefits, including food stamps, Medicaid, and housing vouchers, when deciding whether to approve a green card application.
Every green card applicant has to pass a test. The government checks if they are likely to depend on public support to survive. This is called the "public charge" test. It has been part of immigration law for a long time, and it applies whether someone is applying from inside the United States or from abroad.
This test itself is not new. What changes is which benefits count as proof, and how much use of those benefits it takes before it hurts an application. That is what is changing this September.
On July 16, 2026, the Department of Homeland Security announced a final rule on the public charge rule, canceling the 2022 version. The new USCIS public charge rule becomes official on July 20 and takes effect on September 18, 2026.
DHS says the change restores broader officer discretion and reflects a stricter reading of the long-standing requirement that immigrants be able to support themselves.
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Current Rule |
Rule Starting Sept. 18 |
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Only cash aid and long-term nursing home care count against an applicant |
Food stamps, Medicaid, and housing vouchers can also count |
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The government must be the applicant's main source of support for it to count |
Public benefit use can be weighed even if it is not the applicant's main support |
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Officers weigh a narrower, defined set of factors |
Officers have broader discretion to weigh the full picture of the case |
The biggest change is not just the list of benefits. It is how much Medicaid, food stamp, or housing voucher use is allowed before it counts against a green card application.
Example
A parent works full time. Their job pays most of their bills. The family also gets food stamps to help cover groceries each month.
Before September 18: This parent is safe. Their job is their main support. The food stamps are just extra help, so it does not count against them.
Starting September 18: An officer can now count the food stamps as part of the decision, even though the parent works and pays most of their own way.
The filing date decides which rule applies to a case. File before September 18, 2026, and the case is judged under the current rule. File on or after that date, and the new rule applies instead.
USCIS is also releasing a new version of Form I-485, the form used to apply for a green card from inside the United States. Starting September 18, the old version of the form will no longer be accepted.
The public charge test looks at the applicant's own use of benefits. This is the part families get confused about most, so it deserves its own line: it does not look at benefits used by a U.S. citizen child in the same home.
A child born in the United States is a citizen. That child qualifies for programs like Medicaid or food assistance on their own, no matter what is happening with a parent's green card case. Taking a citizen child off benefits they are entitled to does not help the parent's application. It only means the child loses support they have every right to.
This test does not apply to everyone. Refugees, asylees, abused or neglected children applying under Special Immigrant Juvenile status, survivors applying through U and T visas, and people applying under the Violence Against Women Act are exempt by law. If you fall into one of these categories, this change generally does not apply to your case.
Key Takeaways
• The new rule starts September 18, 2026, for anyone filing on or after that date.
• Food stamps, Medicaid, and housing vouchers can now be weighed against an applicant, not just cash aid.
• The government no longer has to be the applicant's main source of support for benefit use to count.
• A U.S. citizen child's own benefits do not count against a parent's application.
• Refugees, asylees, VAWA applicants, and some other humanitarian cases stay exempt.
• A new version of Form I-485 is required starting September 18.
If you're planning to file for a green card, timing now matters more than usual. Every case is different, so get guidance specific to your situation before you file.
Schedule a consultation →Individual immigration cases depend on each person's specific circumstances and should be evaluated individually. This article is for educational purposes only and does not constitute legal advice.