New Public Charge Rule: September 2026 Update

On September 18th, the Department of Homeland Security's Final Rule changing the Department's policy on how to determine whether a foreign national is likely to become a "public charge" went into effect. Under the new Rule, one is determined to be a "public charge" when they are dependent upon certain social safety net programs, which generally makes them ineligible for Permanent Residency.

The new Rule provides DHS officers with broadened discretion in adjudicating Adjustment of Status applications, allowing them to consider a vast array of additional considerations to determine if an applicant is likely to become a public charge. USCIS's Policy Manual directs officers to look at information and evidence including "any showing that the alien has in the past received or is currently receiving any means-tested public benefits, if such benefits were received on or after September 18, 2026." In addition, "officers will consider any evidence in the record pertaining to whether the alien has applied for any means-tested public benefits and/or whether the alien has been approved or certified to receive any means-tested public benefits on or after September 18, 2026."

See a summary of the Policy Alert here. See our previous post explaining the new public charge rule here.