# DHS Rescinds the 2022 Public Charge Rule — New Form I-485 Coming > DHS rescinded the 2022 public charge regulation, letting officers weigh all factors case-by-case. Effective Sept. 18, 2026, with a revised Form I-485. What it means for green card applicants. - Source: https://carlosmaury.law/news/dhs-rescinds-2022-public-charge-regulation - Author: Carlos Maury Law - Published: 2026-07-20 - Topics: public charge rule 2026, DHS rescinds public charge, Form I-485 new version, public charge inadmissibility, green card public charge 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](https://www.uscis.gov/newsroom/all-news)**. ## What DHS announced According to the USCIS announcement, DHS has **rescinded the 2022 regulation** on public charge determinations.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 DHS said the now-rescinded 2022 rule had **restricted which public benefits officers could consider**, and that rescinding it lets USCIS officers **"assess all pertinent facts on a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](https://www.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. --- 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. --- *General legal information from Carlos Maury Law — not legal advice. https://carlosmaury.law/news/dhs-rescinds-2022-public-charge-regulation*