US tightens public charge rules for U.S. Green Card applicants from September 2026

Foreign nationals seeking U.S. permanent residency through adjustment of status will face stricter financial scrutiny from September 18, 2026, as the U.S. Citizenship and Immigration Services (USCIS) implements updated public charge rules.

Under the updated guidance, USCIS officers will assess whether an applicant is likely to become a public charge at any time in the future when reviewing eligible Form I-485 applications submitted or postmarked from September 18, Travel Biz reported.

The assessment will consider five key statutory factors: the applicant’s age, health, family status, assets and financial resources, and education and skills.

USCIS may also consider the Form I-864 Affidavit of Support and other relevant evidence contained in an applicant’s immigration record.

What they are saying

One of the major changes is the broader consideration of means-tested public benefits when determining whether an applicant is likely to become a public charge.

• For benefits received before September 18, USCIS officers will consider public cash assistance for income maintenance and long-term institutionalisation at government expense.
• However, benefits received on or after September 18 may trigger consideration of a wider range of means-tested benefits, including housing assistance, food stamps and certain forms of financial aid.

USCIS said the determination will remain case-specific and will be based on the totality of an applicant’s circumstances. This means receiving a particular benefit does not automatically make an applicant inadmissible.

Get up to speed

In December 2025, President Donald Trump ordered the immediate suspension of the Diversity Visa Program, commonly known as the Green Card lottery, following deadly shootings at Brown University and the Massachusetts Institute of Technology (MIT).

• The suspension was announced by then-Homeland Security Secretary Kristi Noem, who said USCIS had been directed to pause the Diversity Visa immigrant visa program.
• U.S. authorities identified the Brown University shooting suspect as Claudio Neves Valente, a Portuguese national who entered the U.S. through the diversity visa programme in 2017 and later obtained a Green Card.
• Earlier in August 2025, USCIS also announced changes to how it determines a child’s eligibility under the Child Status Protection Act (CSPA). The changes affected children seeking Green Cards through their parents and were aimed at determining when an applicant’s age is calculated for immigration purposes.

The CSPA was introduced to protect children from losing eligibility for permanent residency because of lengthy visa backlogs and processing delays.

What you should know

The latest rule comes months after USCIS announced another major change affecting foreign nationals seeking Green Cards.

• In May 2026, the agency said foreigners temporarily residing in the U.S., including Nigerians, would generally be required to return to their home countries to apply for Green Cards rather than adjusting their immigration status from within the U.S.
• The policy, issued through a USCIS memo under the Department of Homeland Security, allows for exceptional relief to be considered on a case-by-case basis.
• The administration has argued that the move is intended to ensure the immigration system operates in line with existing laws and prevent applicants from exploiting perceived loopholes.

Humanitarian organisations, however, criticised the policy, warning that it could affect vulnerable migrants, including trafficking survivors, abused children and others who may be required to return to countries they previously fled.