The U.S. Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 Public Charge regulation that governed how U.S. Citizenship and Immigration Services (USCIS) evaluated public charge inadmissibility for adjustment of status applicants. The new rule is scheduled to take effect on September 18, 2026, and restores a broader discretionary framework for USCIS officers when assessing whether an applicant is likely to become a public charge under the Immigration and Nationality Act (INA).
This policy change represents a significant shift in the adjudication of adjustment of status applications and may affect individuals applying for lawful permanent residence (Green Cards).
Understanding the Public Charge Ground of Inadmissibility
Section 212(a)(4) of the Immigration and Nationality Act (INA) provides that an individual may be found inadmissible if, at the time of applying for admission or adjustment of status, they are determined to be likely to become a public charge in the future.
The INA requires USCIS officers to evaluate each case based on the totality of the circumstances. Rather than relying on a single factor, officers consider the applicant’s overall financial and personal situation, including:
- Age;
- Health;
- Family status;
- Income, assets, resources, and financial obligations;
- Education and occupational skills; and
- A legally sufficient Affidavit of Support (Form I-864), when required.
No single factor automatically determines whether an applicant will be found inadmissible. USCIS officers must weigh all relevant evidence presented in the application.
What Changes Under the New Rule?
The new DHS regulation rescinds the 2022 Public Charge rule and restores broader discretion to USCIS officers when evaluating public charge inadmissibility.
According to DHS, the revised regulation is intended to align adjudications more closely with the statutory requirements established by Congress under the Immigration and Nationality Act. Instead of limiting consideration to a narrow category of public benefits, immigration officers may consider all relevant evidence permitted under the law when conducting the required totality of the circumstances analysis.
As a result, applicants should expect a more individualized review of their financial circumstances, employment history, education, health, and overall ability to support themselves without becoming primarily dependent on government assistance.
Revised Form I-485 Required Beginning September 18, 2026
USCIS has announced that a revised edition of Form I-485, Application to Register Permanent Residence or Adjust Status, will be released before the effective date of the new rule.
Beginning September 18, 2026, USCIS will reject any outdated edition of Form I-485 that is postmarked or electronically submitted on or after that date.
Applicants and attorneys should carefully verify that they are using the correct edition of the form before filing.
Updated Procedures for Form I-693
USCIS has also introduced updated filing procedures for applicants eligible to submit Form I-485 electronically.
Online Filing
Applicants filing online should note the following:
- The civil surgeon must complete Form I-693 and place it in a sealed envelope.
- The applicant must open the sealed envelope in order to upload the completed medical examination with the online Form I-485.
- The applicant should retain both the original signed Form I-693 and the original envelope.
- USCIS may later request the original documents during an interview or through a Request for Evidence (RFE).
Paper Filing
Applicants filing Form I-485 by mail should continue following the existing process by submitting the original sealed Form I-693 together with the adjustment application package.
Preparing a Strong Adjustment of Status Application
Given the broader discretionary review under the new regulation, applicants should ensure their filings clearly demonstrate financial stability and eligibility.
Supporting evidence may include:
- Current employment verification;
- Recent pay statements;
- Federal income tax returns;
- Bank statements and evidence of financial assets;
- Proof of health insurance, when available;
- Educational credentials and professional licenses;
- Evidence of specialized skills or work experience; and
- A complete and properly executed Form I-864, Affidavit of Support, where required.
Providing organized and comprehensive documentation can help USCIS evaluate the application more efficiently and reduce the likelihood of additional evidence requests.
Immigration Fleet Law Firm’s Recommendation
At Immigration Fleet Law Firm PLLC, we recommend that applicants planning to file for adjustment of status after September 18, 2026, carefully review the updated filing requirements before submitting their applications.
Our recommendations include:
- Confirm that you are using the latest edition of Form I-485.
- Ensure that Form I-693 is prepared and submitted in accordance with USCIS’s updated filing instructions.
- Prepare strong financial documentation demonstrating your ability to support yourself and your household.
- Review your Affidavit of Support and supporting financial evidence for completeness and accuracy before filing.
- Seek legal guidance if your case involves prior immigration violations, financial concerns, complex family circumstances, or any issue that could affect a public charge determination.
Early preparation and careful documentation can significantly reduce delays and help ensure a smoother adjudication process.
Conclusion
The rescission of the 2022 Public Charge Rule marks an important change in the adjustment of status process. Beginning September 18, 2026, USCIS officers will once again apply a broader totality of the circumstances analysis when determining whether an applicant is likely to become a public charge.
Applicants should pay close attention to the revised Form I-485 requirements, comply with the updated Form I-693 submission procedures, and submit well-documented applications demonstrating financial stability and statutory eligibility.
As immigration policies continue to evolve, careful preparation and timely legal guidance remain essential to a successful Green Card application.
Immigration Fleet Law Firm