The Department of Homeland Security (DHS) is changing the framework used to evaluate whether certain green card applicants may be considered likely to become a “public charge.” The changes are expected to take effect on September 18, 2026, making it important for individuals considering adjustment of status to understand how the new rules may affect their case.
What Is Changing?
The new framework moves away from the narrower 2022 public charge regulations and returns to a broader, case-by-case “totality of the circumstances” analysis. This may give immigration officers greater discretion to consider an applicant’s financial circumstances and other relevant factors when determining whether the public charge ground of inadmissibility applies.
New Form I-485 Requirements
A new edition of Form I-485, Application to Register Permanent Residence or Adjust Status, is expected to be required for applicable filings beginning September 18, 2026. Applicants preparing to file should carefully confirm that they are using the correct form edition and comply with all USCIS filing requirements to avoid potential rejection or delays.
Why September 18, 2026 Matters
Individuals who are already eligible to file Form I-485, or who may become eligible before September 18, should consider reviewing their filing strategy with immigration counsel as soon as possible. Depending on the applicable transition rules and individual circumstances, the timing of an adjustment of status filing could affect which requirements and public charge framework apply.
Could Public Benefits Affect Your Green Card Application?
Changes to the public charge framework may broaden the factors USCIS can consider, but receiving public benefits does not automatically mean that an applicant will be denied a green card. Public charge determinations are case-specific, certain applicants are exempt, and the type of benefit, who received it, and the applicant’s overall circumstances may all be relevant.
Preparing to File Form I-485? Review Your Case Now
If you are eligible or may soon become eligible to apply for adjustment of status, now is a good time to review your case and determine whether the upcoming changes could affect you. Preparing an I-485 application and gathering the necessary supporting documents can take time, so applicants should avoid waiting until the September deadline approaches.
Contact John Perry and Associates, P.C.
John Perry and Associates, P.C. assists individuals, families, professionals, and employers with adjustment of status and other U.S. immigration matters. If you are considering filing Form I-485, contact our office to schedule a consultation and determine whether filing before the September 18, 2026 changes may be appropriate for your case.
