Department of Homeland Security (DHS)/United States Citizenship and Immigration Services (USCIS) Rescinds the 2022 Public Charge Rule

The Department of Homeland Security (DHS)/U.S. Citizenship and Immigration Services issued an updated Policy Manual guidance on making public charge inadmissibility determinations following rescission of the 2022 final rule, effective 9/18/26. This may affect certain people applying for a green card or admission to the United States. 

What changes on September 18? 

For adjustment-of-status applications postmarked or electronically submitted on or after September 18, 2026, immigration officers will have broader discretion when deciding whether an applicant is likely to become a “public charge.” Officers will consider the totality of the person’s circumstances, including factors such as age, health, family status, financial resources, education and skills, receipt of means-tested public benefits, and other relevant circumstances. 

Applications filed before September 18, 2026 will continue to be evaluated under the 2022 rule. Benefits received before September 18 will also be treated under the standards of the 2022 rule. 

For more information, please consult U.S. Citizenship and Immigration Services and Klasko Immigration Partners websites.