On Aug. 18, 2026, USCIS issued new guidance (Policy Alert PA-2026-09) on public charge inadmissibility, implementing a DHS final rule (91 FR 45324, published July 20, 2026) that rescinds the 2022 public charge rule.
USCIS applies a “totality of the circumstances” test in which it may now consider any means-tested public benefit received on or after Sept. 18, 2026, a broader range than the 2022 rule allowed, and the guidance applies to Form I-485 applications postmarked or filed electronically on or after Sept. 18, 2026. For benefits received before Sept. 18, 2026, USCIS says it will consider only public cash assistance for income maintenance and long-term institutionalization at government expense; for benefits received on or after that date it may consider any means-tested public benefit. Applications filed before Sept. 18, 2026 continue to be decided under the 2022 rule. Three lawsuits challenging the rule are pending in the Southern District of New York (Nos. 1:26-cv-07978, 1:26-cv-07982 and 1:26-cv-08129); as of Oct. 19, 2026 the rule is in effect. Because this is directly relevant to family-based adjustment of status, we recommend reviewing it with an attorney before you file.