On Aug. 18, 2026, USCIS issued new guidance on public charge inadmissibility, implementing a DHS final rule published in the Federal Register on July 20, 2026 that rescinds the 2022 public charge rule.
USCIS now applies a "totality of the circumstances" test that considers a broader range of public benefits than the prior rule, and the guidance applies to Form I-485 applications postmarked or filed electronically on or after Sept. 18, 2026. Because this is directly relevant to family-based adjustment of status, we recommend reviewing it with an attorney before you file.