08/12/2026
If you are preparing to file Form I-485 with USCIS, September 18, 2026, is an important transition date.
On July 20, 2026, DHS published a final rule rescinding the 2022 public-charge inadmissibility regulations and revising certain public-charge bond provisions.
Quick refresher: Public charge is a long-standing ground of inadmissibility. USCIS evaluates whether a person subject to that ground is likely at any time to become a public charge, based on the totality of the circumstances. A finding of inadmissibility may prevent adjustment of status or admission unless an applicable exception or other form of relief applies.
What changes on September 18:
➡️ Current framework: Under the 2022 rule, USCIS generally considers specified public cash assistance for income maintenance and long-term institutionalization at government expense.
➡️ Broader review: USCIS will use a broader, individualized totality-of-the-circumstances review. Officers will consider the statutory factors, applicable precedent, agency guidance, and other relevant case-specific evidence.
➡️ USCIS guidance: DHS is rescinding the detailed 2022 framework without replacing it with another comprehensive regulatory definition. USCIS states that it intends to publish policy and interpretive guidance by or before the effective date.
➡️ Revised Form I-485: USCIS will publish a revised edition. Older editions postmarked or electronically submitted on or after September 18, 2026, will not be accepted.
A Form I-485 properly postmarked or electronically submitted before September 18, 2026, and accepted by USCIS will generally remain subject to the 2022 framework. A rejected filing does not preserve the earlier filing date.
Public charge does not apply to every immigration category, and statutory exemptions remain available. Applicants should confirm eligibility and submit a complete, accurate application rather than filing prematurely solely because of the transition date.
⚠️ Disclaimer: Attorney Advertising. Ashoori Law is a private immigration law firm and is not affiliated with USCIS, DHS, the U.S. Department of State, or any other government agency. Each case depends on its specific facts, eligibility, and applicable law. This post is for informational purposes only and does not constitute legal advice. Public-charge applicability, exemptions, transition rules, and filing requirements depend on the immigration category and individual circumstances. Applicants should verify the accepted Form I-485 edition and current USCIS guidance before filing.