Q#1: I heard the Immigration Service is changing the Public Charge rules again on September 18th. What is changing?
A#1: Beginning September 18, 2026, USCIS will apply more strict new rules when deciding whether certain applicants for a Green Card are likely to become a “public charge.” Instead of looking only at a very limited group of government benefits, Immigration Officers will be allowed to look much more broadly at the applicant’s age, health, family situation, income and financial resources, education, job skills, use of certain government benefits, and other circumstances to determine whether under a totality of the circumstances the person is likely to become dependent on the government in the future. The new rules apply to Green Card applications filed with USCIS or Immigrant Visas scheduled at Consulates on or after September 18, 2026.
Q#2: Does this mean that anyone who has ever received government benefits will automatically be denied a Green Card?
A#2: No. There is not a rule that says receiving one particular benefit automatically results in denial. The Immigration Officer is supposed to review the applicant’s entire situation and make a decision based on the totality of the circumstances. However, for benefits received on or after September 18th, the government can consider a much broader range of “means-tested” public benefits. These can include programs involving cash assistance, food assistance such as SNAP or WIC, Medicaid and other government-funded health coverage, public or subsidized housing, and even certain means-tested financial aid for college.
Q#3: What if I or my family received these benefits before September 18th?
A#3: For benefits received before September 18, 2026, USCIS will generally continue to use the previous, narrower rule and consider public cash assistance for income maintenance and long-term institutional care paid for by the government. The broader review of means-tested public benefits applies to benefits received on or after September 18th. Therefore, having received Medicaid, SNAP, WIC, or another benefit before September 18th is not an automatic negative factor under the new expanded rule as long as it is no longer received by the time a Green Card application is filed on or after September 18th.
Q#4: What if my U.S. Citizen child receives Medicaid, food stamps, WIC, or another public benefit? Will that be a negative consideration against me?
A#4: Maybe, but the reason that the Immigration Service wants to know about a dependent’s use of benefits is so that the government can look at the family’s overall financial situation, including the applicant’s income and resources, to make a determination as to whether the household depending on public assistance will likely result in the intending immigrant becoming a public charge in the future.
Q#5: If my spouse or another sponsor earns enough money and signs an Affidavit of Support, does that guarantee I will pass the Public Charge test?
A#5: No. The Affidavit of Support continues to be extremely important, and in many family-based cases it is required. However, meeting the minimum income requirement does not necessarily end the Public Charge analysis. USCIS will also look more closely at whether the sponsor is actually likely to financially support the immigrant, the relationship between the sponsor and applicant, whether they live together, their income and assets, among other facts concerning the sponsor’s financial situation. This means that simply finding a Joint Sponsor who barely meets the minimum income requirement may not be sufficient, even though it was in the past.
Q#6: I have an immigrant visa interview scheduled at a U.S. Consulate outside the United States. Does this new rule apply to my interview?
A#6: The September 18th USCIS rule specifically governs cases being decided by the Department of Homeland Security, including certain Green Card applications filed inside the United States. The Department of State separately decides immigrant visa applications at U.S. Consulates and has its own Public Charge policies, which typically closely mirror those of USCIS.
That being said, the Department of State has recently instructed Consulates around the world to complete additional training concerning a more restrictive Public Charge policy. As a result, some applicants who already had immigrant visa appointments scheduled may have their interviews postponed or rescheduled. Applicants should therefore carefully monitor emails and notices from the National Visa Center and the Consulate handling their case.
Q#7: If I am applying for a Green Card or immigrant visa, what should I do now?
A#7: Public Charge is becoming a much more important and complicated part of the Green Card process. Applicants should be prepared to document their employment history, income, assets, education, job skills, health insurance and overall financial circumstances, as well as carefully review any government benefits they or their dependents have received.
If you are filing for a Green Card inside the United States after September 18th or are waiting for an immigrant visa interview at a U.S. Consulate, you should consult with a competent immigration attorney before filing or attending the interview. An attorney can review your particular financial circumstances, benefit history, Affidavit of Support, and other factors to determine whether Public Charge could create a problem and what additional evidence should be prepared.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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