US DHS Rescinds 2022 Public Charge Rule, Changing Green Card Eligibility

The Department of Homeland Security (DHS) has finalized a rule that rescinds the 2022 public‑charge regulation, with the change taking effect on September 18 2026. The prior rule, which listed specific public benefits that could be considered, is removed and USCIS will revert to a broader, case‑by‑case assessment based on the Immigration and Nationality Act, prior case law and future policy guidance. A revised Form I‑485 will be required for adjustment‑of‑status filings submitted on or after the effective date.

The shift expands discretion for adjudicating officers and could affect many green‑card applicants, particularly immigrants with disabilities who rely on benefits such as SSI, SSDI, Medicaid, SNAP, CHIP or TANF. Under the new rule, use of any public benefit by an immigrant or a family member may be counted toward a public‑charge determination, raising concerns that disabled immigrants will face greater barriers to permanent residency.