CA, US & World
New Public Charge Rule Takes Effect for Certain Green Card Applicants
A new federal public charge rule takes effect Friday, Sept. 18, changing how the Department of Homeland Security evaluates whether certain immigrants seeking permanent residency could become a public charge.
The rule applies to qualifying green card applications submitted on or after Sept. 18. USCIS guidance says the updated policy applies to people seeking permanent residency through several immigrant visa categories and to certain other applicants subject to the public charge ground of inadmissibility.
Under the updated policy, immigration officials can consider a broader range of factors when determining whether an applicant is likely to become a public charge. The changes follow DHS's July 2026 final rule rescinding the 2022 public charge regulations.
The issue is particularly important for people considering whether to use certain government programs while pursuing permanent residency. The new framework can involve consideration of certain public benefits and the applicant's overall financial circumstances.
However, not every government benefit automatically makes someone a public charge. For example, USCIS materials state that applying for or receiving SNAP does not affect a person's ability to obtain or keep a green card.
The rules also contain important exemptions and exceptions. USCIS guidance says current green card holders who are simply renewing their permanent resident status are not subject to the public charge ground on that basis. People applying for U.S. citizenship are also generally not subject to a public charge determination.
The timing of an application also matters. USCIS says the updated guidance applies to applications postmarked, submitted electronically or involving an admission request on or after Sept. 18, 2026.
Because immigration circumstances vary, attorneys and immigrant-rights organizations recommend that people consider their individual situation before making decisions about benefits or immigration applications.
Anyone who has questions about how the rule applies to a specific case should consult a qualified immigration attorney or another authorized immigration professional rather than assuming that using or applying for a particular benefit will automatically affect their status.
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By: NBC Palm Springs
September 18, 2026
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