If you are planning to apply for a green card, or you already have a pending adjustment of status application, there is important news you need to understand. The Department of Homeland Security has rescinded the 2022 Public Charge Rule, and a new, broader standard will take effect on September 18, 2026. At Oguz Law, we want to break down exactly what changed, who is affected, and what steps you should take now.
What Just Happened?
On July 20, 2026, DHS officially announced that it is eliminating the current public charge rule that has governed inadmissibility determinations since 2022. Importantly, DHS is not replacing the 2022 rule with a new, detailed regulation. Instead, it is simply removing that rule and returning decision-making authority to USCIS officers, who will rely on the Immigration and Nationality Act itself along with forthcoming guidance expected to be issued through the USCIS Policy Manual.
USCIS has also confirmed that it will publish a revised version of Form I-485, Application to Register Permanent Residence or Adjust Status, to reflect the new framework.
Why Does This Matter?
The 2022 rule gave applicants a narrow, predictable definition of “public charge.” Under that rule, the use of benefits such as Medicaid, SNAP (food stamps), and housing assistance generally did not, by itself, put a green card application at risk.
Once the rescission takes effect, that narrow protection disappears. Immigration officers will regain much broader discretion to weigh a wider set of factors, including age, health, family size, education, job skills, and use of public benefits, when deciding whether someone is likely at any time to become a public charge. DHS has framed this shift as restoring a standard that better reflects the idea that immigrants should be self-sufficient.
Key Dates to Remember
- July 20, 2026 – DHS officially announced the rescission of the 2022 rule.
- September 18, 2026 – The rescission takes effect. From this date forward, the new, broader standard applies to:
- Applications for admission filed on or after September 18, 2026, and
- Adjustment of status applications postmarked or electronically submitted on or after September 18, 2026.
If your case was properly filed before September 18, 2026, it will generally continue to be evaluated under the rules in effect at the time of filing, even if your interview or final review happens later.
Will Past Benefits Be Held Against You?
According to the final rule, DHS has confirmed that receiving previously excluded means-tested benefits before the September 18, 2026 effective date will not automatically count as a negative factor. Those past benefits will still be assessed under the more protective 2022 standard. However, if an applicant continues receiving newly scrutinized benefits on or after that date, USCIS may weigh that ongoing use as part of the totality of the circumstances review.
The rule also revises how public charge bonds are handled. Any bond posted on or after September 18, 2026 can be breached if the bonded individual receives a means-tested benefit before death, permanent departure, or naturalization, or otherwise fails to comply with the bond’s conditions.
Who Is Most Affected?
This change primarily affects individuals pursuing:
- Family-based green card applications
- Employment-based green card applications
- Adjustment of status filings inside the United States
- Immigrant visa applications processed abroad
Certain humanitarian categories, such as asylees, refugees, and other protected groups, are typically exempt from public charge determinations, but every case is different, and it is worth confirming your specific category’s status with an immigration attorney.
What Should You Do Now?
- If your application is ready, consider filing before September 18, 2026 to potentially be evaluated under the current, more predictable 2022 standard.
- Review your benefits history with an attorney to understand how it may be viewed under the new framework.
- Watch for USCIS Policy Manual updates, since detailed guidance on how officers will apply the new discretionary standard is still forthcoming.
- Don’t make major decisions about public benefits without legal advice. The rules around what counts, and when, are changing quickly.
How Oguz Law Can Help
At Oguz Law, we help green card applicants and their families evaluate their immigration strategy in light of the new public charge rule and its expanded discretionary standard.
- Public charge risk assessment
- Family-based Green Card applications
- Employment-based Green Cards
- Adjustment of Status applications
- Consular processing
- Public charge bond guidance
- Benefits and eligibility review
- Immigration compliance review
- Response strategy for Requests for Evidence (RFEs)
If you are planning to file a green card application before or after September 18, 2026, strategic legal guidance may help you better understand how the new public charge standard applies to your case and reduce the risk of denial.
Contact Oguz Law today for a personalized case evaluation.
