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.

Also Read: Diljit Dosanjh Breaks Into Bhangra On Berlin Streets, Visits Famous Tourist Spots

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?

If the US immigration authorities believe that someone will likely become a primary dependent on the governemnt support, they would be considered a public charge. While reviewing an application, USCIS officers can consider several aspects of an applicant's life, including age, health, family status, assets, financial resources, education and skills.

Under US immigration law, a person found likely to become a public charge can be considered inadmissible and may be denied a Green Card, visa or admission to the US. 

What Could Be Considered As Overall Assessment?

The updated guidance allows officers to consider certain means-tested public benefits and other government assistance, including:

• Cash assistance for income maintenance
• Housing assistance
• Food assistance, including food stamps
• Certain financial assistance
• Other means-tested public benefits

The circumstances and timing of receiving such benefits can also be considered when reviewing an application. Receiving a benefit does not automatically mean that an applicant will be found to be a public charge.

Also Read: Which Airline Offers Best Business Class Experience In 2026? Flyers Reveal Clear Winner

Who Will Be Affected By The Rule?

Applicants seeking adjustment of status to lawful permanent residence are generally subject to the public charge ground unless their immigration category is exempt.

For family-based immigration, this can include:

• 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 lawful permanent residents
• 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 and widowers of US citizens

Certain employment-based immigrants can also be subject to the test. These include priority workers, professionals with advanced degrees or exceptional ability, skilled workers, professionals and other workers, among other categories.

Diversity visa immigrants are also among those who may be subject to the public charge ground. 

How Can You Avoid Being Flagged As A Public Charge?

There is no single step that guarantees Indians or other nationalities a successful public charge assessment. However, it is imperative for applicants to keep documents that show their income, employment, savings, assets and other financial resources. In case an Affidavit of Support is required, make sure it is complete and sufficient. Those filing Form I-485 on or after September 18  are also required to use the latest accepted form only. Also, it is advisable for applicants with a complicated history of receiving government benefits to seek advice from a qualified US immigration lawyer before filing.