What is Public Charge?

A “public charge” is an individual the government considers likely to become dependent on public assistance for their basic needs. USCIS has always evaluated this when determining your admissibility to the U.S. However, under the new rule taking effect in September 2026, USCIS officers are granted much broader discretion to consider a wider variety of government benefits.

What does this mean?

Under the previous 2022 rule, USCIS primarily looked at just two things: cash assistance for income maintenance and long-term institutional care at the government's expense.

Starting September 18, 2026, USCIS officers will now consider the receipt of any means-tested public benefit. This expanded list includes:

(Note: Benefits received before September 18, 2026, will still be judged under the older, narrower 2022 rules.)

The Application Process & What You Need to Know

If you are filing an application to register permanent residence or adjust status (Form I-485) that is postmarked or submitted electronically on or after September 18, 2026, your case will be subject to this new, broader review.

Officers will also evaluate your sponsor's Form I-864 (Affidavit of Support) to determine if your sponsor is realistically able and willing to financially support you.

Some applicants may remember Form I-944 from 2019 when the last round of public charge changes went into effect. So far, there is not a separate form relating to these changes in 2026. Instead, SimpleCitizen application packages will simply guide you through the latest version of Form I-485, automatically adapting to the new September 2026 requirements.

Have questions?

Need help or have questions about how the September 2026 public charge rules affect your application? Feel free to reach out to our support team and we'll be happy to help you navigate these changes.

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