US Green Card Rules Are Changing. What Is New Public Charge And How Indians Can Avoid It

If you are planning to apply for a US Green Card, there's an important immigration update you should know about. The US Citizenship and Immigration Services (USCIS) has shared new guidelines that change how immigration officers will now assess whether certain Green Card applicants might become a "public charge". The updated rule will take effect on September 18, 2026.

The revised guidance applies to all adjustment of status applications (Form I-485) filed on or after that date. USCIS will no longer accept older versions of the form. Under the updated guidance, the concerned officials will conduct a broader public charge assessment, taking into account factors such as an applicant's age, health, family circumstances, assets, financial resources, education and skills.

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The agency has also clarified that receipt of means-tested public benefits may be considered during the assessment. Previous receipt of cash assistance and long-term institutionalisation may also be taken into account. 

What Is A 'Public Charge' In The New US Green Card Application?

A public charge is someone US authorities believe could become dependent on government assistance. When reviewing a Green Card application, immigration officials may evaluate whether an individual could become dependent on taxpayer-funded benefits in the future.

Under the Immigration and Nationality Act, a person deemed likely to become a public charge can be found inadmissible to the United States, potentially leading to the denial of a visa, entry into the country or permanent residency. USCIS says the latest policy update is intended to reflect Congress's long-standing expectation that immigrants should be self-sufficient rather than dependent on government-funded benefits.

The move follows the Department of Homeland Security's decision to rescind the 2022 public charge regulations.

What Could Be Considered As Overall Assessment?

According to USCIS, officers may consider the following factors as part of the overall assessment:

• Receipt of means-tested public benefits
• Cash assistance for income maintenance
• Housing assistance
• Food stamps
• Certain forms of financial aid and similar government benefits
• Applications for or approval of such benefits

However, USCIS notes that no single factor, except the absence of a required and sufficient Affidavit of Support, can by itself determine that an applicant is likely to become a public charge.

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Who Will Be Affected By The Rule?

In its latest update, the USCIS said that any applicant applying to become a permanent resident will be assessed under the public charge rule, unless they belong to an immigration category that has been exempted.

Which Family-Based Applicants Are Covered?

• Spouses, children, and parents of US citizens
• Unmarried sons and daughters of US citizens and their children
• Spouses, children, and unmarried sons and daughters of LPRs
• Married sons and daughters of US citizens and their spouses and children
• Brothers and sisters of US citizens
• Fiance(e)s of US citizens
• Widows or widowers of US citizens

Work-Based Green Card Applicants Who May Be Assessed

• Priority workers
• Professionals with advanced degrees or aliens of exceptional ability
• Skilled workers, professionals, and other workers
• Employees or former employees of the US government abroad
• Panama Canal Zone employees
• Foreign medical school graduates
• Retired employees of international organizations
• International broadcasters
• Diversity visa immigrants

How Can Indians Avoid Being Flagged As A Public Charge?

While there is no fixed formula, applicants can improve their chances by showing they can support themselves financially in the US. A stable job, savings, educational qualifications and a strong Affidavit of Support (if required) can help. USCIS will look at the applicant's overall situation before making a decision.

So, if you are planning to apply for a US Green Card after September 18, keep this important change in mind.