Public Charge Immigration Policy Poised to Expand September 18; State Lawsuits Challenge Change
New public charge guidance from USCIS is set to take effect September 18, making it easier for immigration officials to deny green cards and visas to people deemed likely to use government benefits—but cities and states have filed lawsuits seeking to block the change.
The rescission and new guidance are set to take effect on September 18, 2026, with the revised USCIS policy becoming effective that day. However, various cities and states have sued to block the changes, and it is possible that the effective date of the new policy may be delayed.
What Changes
Under the current 2022 rule, many programs do not raise public charge concerns, including health care programs like Medicaid and COVID care, housing, nutrition programs. Under the 2022 rule only applicants deemed likely to become primarily dependent on cash aid for income maintenance or long-term care at government expense could be denied for public charge. The new rule expands what counts against green card applicants.
Those who will be leaving the United States to apply for their green cards abroad, at a U.S. consulate or embassy, should be aware that the Department of State has already issued new guidance that will likely expand the number of individuals who are denied a visa for public charge.
If you are applying for a green card, filing before September 18 ensures your application is decided under the current, more favorable rules. If you plan to apply abroad or are in consular processing, consult an immigration attorney immediately—the new rules could affect your eligibility even if you haven't used public benefits.
Sources
MyHAbroad is an independent app and is not affiliated with, endorsed by, or representing any government or public authority. This is general information only — not legal, tax, medical, or financial advice. Always verify with the official source before acting:
