08/28/2026
🚨 IMPORTANT IMMIGRATION UPDATE: NEW PUBLIC CHARGE RULE
Beginning September 18, 2026, USCIS will apply a broader Public Charge standard to certain people applying for permanent residence.
Under the new policy, USCIS may consider factors such as:
• Income and financial resources
• Employment and ability to work
• Education and job skills
• Age and health
• Health insurance
• Assets and debts
• Household size
• Receipt of certain income-based public benefits
USCIS will consider these factors together when determining whether it believes an applicant may become dependent on the government to meet basic needs.
⚠️ WHO IS NOT SUBJECT TO PUBLIC CHARGE?
Many humanitarian immigration cases are exempt from the Public Charge ground of inadmissibility. This generally includes:
✅ U Visa cases
✅ T Visa cases
✅ VAWA cases
✅ SIJ-based adjustment cases
✅ Asylum and refugee-based cases
If your case falls into one of these categories, the new Public Charge rules generally do not apply to your case.
⚠️ WHAT ABOUT PUBLIC BENEFITS?
For people who are subject to Public Charge, USCIS may consider a broader range of means-tested public benefits received on or after September 18, 2026.
This can potentially include food assistance, government-funded health coverage, public or assisted housing, certain financial aid, and other programs where eligibility is based on income or assets.
🏥 WHAT ABOUT MARKETPLACE INSURANCE (OBAMACARE)?
Having health insurance through the Marketplace does not automatically mean that you have received a public benefit for Public Charge purposes.
However, if you receive an income-based subsidy or tax credit to help pay for your insurance, we recommend having your individual situation reviewed because the new rules are broader and questions remain about how USCIS will apply some of these provisions.
Importantly, having health insurance may also be a favorable factor. USCIS may consider whether an applicant has adequate health insurance to cover anticipated medical expenses.
👨👩👧 WHAT ABOUT BENEFITS RECEIVED BY U.S. CITIZEN CHILDREN?
Benefits received by a U.S. citizen child are not automatically treated as benefits received by the parent applying for a green card.
However, benefits received by children or certain household members may still be relevant when USCIS evaluates the family's overall financial circumstances.
📅 SEPTEMBER 18 IS AN IMPORTANT DATE
For adjustment-of-status cases subject to Public Charge, applications filed before September 18, 2026 will continue to be adjudicated under the prior rules.
Applications postmarked or electronically filed on or after September 18, 2026 will be subject to the new standard and must use the new Form I-485.
❗ DO NOT PANIC OR AUTOMATICALLY CANCEL YOUR BENEFITS.
Receiving public benefits does not automatically mean that your green card will be denied. Not everyone is subject to the Public Charge rule, and USCIS must consider each person's individual circumstances.
Before canceling health insurance, food assistance, or other important benefits because of something you see online, speak with an immigration attorney to determine whether the new Public Charge rule actually applies to your case.
⚖️ Every immigration case is different.
Nancy Luna Law, PLLC
📞 281-506-7776
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