DHS Rescinds the 2022 Public Charge Rule — New Form I-485 Coming
On July 16, 2026, the Department of Homeland Security (DHS) announced a final rule rescinding the 2022 public charge regulation — the Biden-era rule that governed how immigration officers decide whether a green card applicant is likely to become a "public charge." The change takes effect September 18, 2026, and USCIS says it will publish a revised Form I-485 that applicants will need to use. This article explains, in plain language, what DHS announced and what it may mean for your case.
This is general information about a developing policy, not legal advice. You can read USCIS's official announcements directly at uscis.gov.
What DHS announced
According to the USCIS announcement, DHS has rescinded the 2022 regulation on public charge determinations. In DHS's words, the change "further aligns immigration law with Congressional intent that aliens in the United States be self-reliant and not dependent on taxpayer-funded government benefits."
DHS said the now-rescinded 2022 rule had restricted which public benefits officers could consider, and that rescinding it lets USCIS officers "assess all pertinent facts on a case-by-case basis for each applicant." In short: officers are directed to weigh a broader set of factors, one applicant at a time, rather than under the narrower framework the 2022 rule set.
What "public charge" means under the law
The public charge concept comes from the Immigration and Nationality Act (INA). As USCIS describes it, a person applying for a visa, admission, or adjustment of status can be found inadmissible if they are deemed "likely at any time to become a public charge." That inadmissibility ground is long-standing; what changes over time is the regulation and guidance that tell officers how to apply it. This action rescinds the 2022 version of that framework.
The two dates that matter
Two specifics from the announcement are important to mark on a calendar:
- Effective date — September 18, 2026. The rescission takes effect on this date.
- A revised Form I-485 is coming. USCIS said it will publish a revised Form I-485 (Application to Register Permanent Residence or Adjust Status). Critically, per the announcement, older versions of Form I-485 postmarked or submitted electronically on or after the effective date will not be accepted.
That second point is the practical trap: filing on the wrong (older) edition of the form on or after September 18 could mean a rejected filing. Anyone preparing an adjustment-of-status application around that date should confirm they are using the current version of Form I-485 straight from uscis.gov/i-485.
Who this affects
This is most relevant to people pursuing a green card through adjustment of status (Form I-485) — and to family members and sponsors involved in those cases — because the public charge determination is part of that process. Because officers are now directed to consider a broader set of factors case-by-case, how a given application is evaluated may differ from the 2022-rule approach. Exactly how it plays out for any individual depends on that person's specific circumstances — which is a legal judgment, not something a general article can answer.
What to do if you have a pending or planned I-485
A few practical, non-legal-advice takeaways:
- Watch the form edition. If you will file on or after September 18, 2026, use the revised Form I-485 — older editions submitted on or after that date will not be accepted.
- Keep your documentation organized. Because officers are directed to weigh "all pertinent facts," complete and well-documented applications matter.
- Don't panic, and don't guess. A rule change like this generates a lot of secondhand commentary. Rely on the official USCIS announcement and, for your own case, on advice from a qualified immigration attorney.
Talk to a lawyer about how this affects your case
If you have a pending Form I-485, are preparing to file, or are worried about how the public charge ground applies to you, the specific facts of your situation determine what this change means in practice — including the timing around the September 18, 2026 effective date and the new form edition. Carlos Maury Law is a national firm of former U.S. Immigration Judges. To talk about your situation, call (213) 769-0050. We speak Spanish.
Frequently Asked Questions
What did DHS change about public charge?
On July 16, 2026, DHS issued a final rule rescinding the 2022 public charge regulation. According to USCIS, this lets officers assess all pertinent facts on a case-by-case basis rather than under the narrower 2022 framework, which DHS said had restricted which benefits officers could consider. The change takes effect September 18, 2026.
When does the change take effect?
The rescission takes effect September 18, 2026. USCIS also said it will publish a revised Form I-485, and that older versions of the form submitted on or after the effective date will not be accepted.
Do I need a new Form I-485?
USCIS announced a revised Form I-485 in connection with this change. If you file on or after September 18, 2026, use the current edition from uscis.gov — older editions postmarked or submitted electronically on or after that date will not be accepted. Always download the latest version directly from USCIS.
What is a "public charge"?
Under the Immigration and Nationality Act, a person can be found inadmissible if they are considered likely at any time to become a public charge — broadly, dependent on certain government benefits. It is a long-standing ground of inadmissibility; this action changes the regulation that guides how officers apply it, not the underlying statute.
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This article is general information only and is not legal advice. Reading it does not create an attorney–client relationship. Immigration law is complex and fact-specific, and policies change; consult a qualified immigration attorney about your situation and verify current requirements at uscis.gov. Prior results do not guarantee a similar outcome. Attorney advertising.