NewsFlash! USCIS Rescinds 2022 Public Charge Rule; New Standards Take Effect 18.Sep.2026

The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule rescinding the public charge regulation issued during the Biden administration, which has governed public charge determinations in adjustment of status applications since 2022. The new rule, published by the Department of Homeland Security (DHS), will take effect 18.Sep.2026, and restore USCIS’s broader authority to evaluate whether an applicant is likely to become a public charge under the Immigration and Nationality Act (INA).

What Changes

The 2022 regulation limited the types of public benefits and other factors USCIS officers could consider when making public charge determinations. According to DHS, the rescission removes most of those limitations and allows officers to evaluate all relevant facts and circumstances on a case-by-case basis, consistent with the statutory language of the INA.

New Form I-485 Required

USCIS also announced that it will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status, to implement the new rule. Beginning 18.Sep.2026, USCIS will reject older editions of Form I-485 if they are postmarked or submitted electronically on or after the effective date.

Conclusion

The rescission of the 2022 public charge rule is likely to result in greater scrutiny of whether an applicant may become dependent on government benefits. Individuals planning to file Form I-485 or other applications subject to the public charge ground of inadmissibility should carefully review the new requirements before filing on or after 18.Sep.2026.

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