September 18, 2026, could change how some U.S. green card applications are assessed. A new Department of Homeland Security (DHS) rule will give immigration officers more discretion to decide whether an applicant is likely to become a “public charge”.
The assessment will look beyond the limited factors used under the current rules, potentially bringing an applicant’s finances, health, education, family circumstances, and use of certain public benefits into greater focus. The change applies to people seeking admission to the US as well as those applying to adjust their status to permanent residence.
What exactly will change on September 18?
The change will be executed from a final rule published by DHS on July 20, 2026. It rescinds the 2022 regulations governing the application of the public charge test. DHS said the previous framework was too restrictive and prevented officers from making “accurate, precise, and reliable determinations” about whether someone was likely to become a public charge.
The new rules instead restore broader officer discretion. Rather than relying on a narrow list of benefits, immigration officials will assess the applicant’s circumstances as a whole.
Treasure Ayanfe Adetula
Which green card applicants will be affected?
The rule applies to certain people seeking admission to the US and those applying to adjust their status to permanent residence. USCIS says the new policy will apply to adjustment-of-status applications, including Form I-485 applications, that are postmarked or submitted electronically on or after September 18.
Applicants who submit their adjustment-of-status application before September 18 will remain under the existing framework, provided the filing is properly accepted. Immigration lawyers have therefore advised eligible applicants who are ready to file to pay close attention to the deadline.
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