New Public Charge Rule Takes Effect September 18, 2026: What Marriage-Based Green Card Applicants Should Know

Written By Ying Xiang

The Department of Homeland Security has issued a new public charge rule that will take effect on September 18, 2026. This change is especially important for certain marriage-based green card applicants filing Form I-485 from inside the United States.

The new rule does not mean that applicants must be wealthy. It also does not mean that receiving one public benefit will automatically result in a green card denial.

However, beginning September 18, 2026, USCIS officers will have broader discretion to examine an applicant’s overall financial circumstances, including certain income-based government healthcare and assistance programs.

This article explains the new rule in simple language.

What Does “Public Charge” Mean?

When USCIS reviews certain green card applications, it must decide whether the applicant is likely at any time to become a “public charge.”

In simple terms, USCIS is asking:

Is this applicant likely to be financially self-sufficient, or is the applicant likely to depend on government assistance in the future?

Under the current 2022 rule, USCIS generally follows a narrower and more clearly defined standard.

The new rule removes many of those specific definitions and restrictions. Beginning September 18, 2026, USCIS officers may consider a wider range of information under what is called the “totality of the circumstances.”

This means USCIS will look at the applicant’s full situation instead of relying on only one document or one fact.

Who Will Be Affected?

The new rule generally applies to:

  • Form I-485 applications postmarked on or after September 18, 2026;

  • Form I-485 applications electronically submitted on or after September 18, 2026; and

  • Certain applications for admission made on or after September 18, 2026.

An I-485 that is properly filed and accepted before September 18, 2026 should generally continue to be reviewed under the earlier public charge framework.

The filing date is therefore very important.

For example, an applicant who mails Form I-485 before September 18 but has the package rejected may need to refile using the new form and may become subject to the new rule if the corrected filing is submitted on or after September 18.

Will USCIS Require a New Form I-485?

Yes.

USCIS has announced that it will publish a revised edition of Form I-485.

Beginning September 18, 2026, USCIS will not accept an older edition of Form I-485 that is postmarked or electronically filed on or after the effective date.

Applicants should always confirm that they are using the correct edition immediately before filing.

What Will USCIS Review?

Federal immigration law already requires USCIS to consider certain factors when making a public charge decision. These include:

  • The applicant’s age;

  • Health;

  • Family status;

  • Assets, resources, and financial condition;

  • Education and skills; and

  • Form I-864, Affidavit of Support, when required.

Under the new rule, USCIS may also consider other facts connected to the applicant’s ability to support themselves, including:

  • Current employment;

  • Employment history;

  • Education and professional training;

  • English ability;

  • Job skills and professional licenses;

  • Savings and assets;

  • Debts and financial obligations;

  • Health insurance;

  • Expected medical expenses;

  • Household size;

  • The sponsor’s actual financial stability; and

  • The applicant’s application for or receipt of means-tested government benefits.

USCIS officers will weigh the positive and negative facts together.

Will Form I-864 Still Be Required?

Yes.

Most marriage-based green card applicants must still submit Form I-864 from the petitioning spouse. A qualifying joint sponsor may also be used when necessary.

The sponsor will generally need to show income equal to at least 125% of the applicable Federal Poverty Guidelines.

However, under the new rule, meeting the minimum Form I-864 income requirement may not always end the public charge review.

USCIS may examine whether:

  • The sponsor’s employment is stable;

  • The sponsor’s current income is reliable;

  • The sponsor has a large household;

  • The sponsor has previously sponsored other immigrants;

  • The sponsor has substantial financial obligations; and

  • The sponsor appears realistically able to support the applicant.

A properly prepared and well-documented Form I-864 will remain extremely important.

What Is a Means-Tested Benefit?

A benefit is generally “means-tested” when eligibility depends on the person’s income, assets, resources, or financial need.

In simple terms:

The government provides the benefit because the person’s income is below a certain level.

The new rule does not provide one complete list of every benefit USCIS may consider. DHS has stated that officers may consider means-tested benefits provided by federal, state, Tribal, territorial, or local governments.

This means a benefit does not have to be funded entirely by the federal government to be relevant.

A state-funded or locally funded program may also be considered when eligibility is based on income or financial need.

What Healthcare Benefits May Be Considered?

The most common healthcare programs that may require additional review include:

Medicaid

Medicaid is an income-based government healthcare program administered by the states with federal and state funding.

DHS specifically declined to exclude Medicaid from consideration under the new rule.

However, receiving Medicaid does not automatically result in denial. It is only one factor USCIS may consider together with the applicant’s age, health, employment, income, education, family circumstances, and financial resources.

State Medicaid programs may have different names, including:

  • Medi-Cal in California;

  • MassHealth in Massachusetts;

  • TennCare in Tennessee; and

  • Other state-specific Medicaid programs.

Pregnancy and Postpartum Medicaid

Pregnancy Medicaid and postpartum Medicaid are generally based on income and government-funded.

When the green card applicant personally applies for or receives this coverage on or after September 18, 2026, USCIS may consider it as one part of the overall public charge analysis.

The fact that the coverage was related to pregnancy, temporary, or medically necessary may also be relevant. USCIS should review the circumstances rather than treating enrollment as an automatic denial.

Children’s Health Insurance Program

The Children’s Health Insurance Program, commonly called CHIP, provides health coverage to qualifying children based on household income.

DHS declined to create a general exclusion for CHIP under the new rule when CHIP is received by the immigrant applicant.

In most marriage-based cases, however, CHIP is received by a U.S.-citizen child rather than by the immigrant parent. Benefits received by a child are not automatically treated as benefits received by the parent.

State-Funded Healthcare Programs

Some states provide healthcare coverage to low-income residents who may not qualify for ordinary Medicaid.

Examples may include:

  • State-funded Medicaid-like programs;

  • Low-income immigrant health coverage;

  • County indigent-care programs;

  • State or county programs providing free or reduced-cost healthcare; and

  • Other government-subsidized health programs based on income.

Because the new rule allows USCIS to consider state and local means-tested benefits, these programs should be reviewed individually.

New York Essential Plan

The New York Essential Plan provides low-cost or no-cost health coverage to eligible New York residents based on household income and other eligibility requirements.

Because it is a government-supported, income-based healthcare program, it may fall within the broad category of means-tested healthcare benefits that USCIS may consider under the new rule.

However, USCIS has not yet published a program-by-program list confirming exactly how the New York Essential Plan will be treated.

Applicants should not assume that enrollment automatically causes a denial. The person enrolled, the funding structure, the enrollment dates, the household’s income, the reason for coverage, and the applicant’s other positive financial factors may all be important.

Affordable Care Act Marketplace Coverage

Purchasing health insurance through HealthCare.gov or a state Marketplace is not, by itself, the same as receiving welfare.

There are two different situations:

Full-price Marketplace insurance:
The applicant purchases private health insurance and pays the entire premium without financial assistance. This is generally private health insurance and may be a positive fact because the applicant has medical coverage.

Marketplace insurance with financial assistance:
The applicant receives an income-based Premium Tax Credit, Advance Premium Tax Credit, cost-sharing reduction, or additional state subsidy.

These subsidies are based on household income and are funded through the government. They may therefore require review under the new public charge framework.

However, DHS and USCIS have not yet issued complete guidance explaining exactly how ACA Premium Tax Credits and cost-sharing reductions will be weighed under the new rule.

An ACA subsidy should not automatically result in a denial. USCIS must still consider the applicant’s complete financial situation.

What Healthcare Coverage Is Usually Not Means-Tested?

The following types of coverage are generally not provided because the person has low income:

  • Employer-sponsored health insurance;

  • Insurance obtained through a spouse’s employer;

  • Private insurance purchased at full price;

  • Medicare based on age or work history;

  • Veterans’ healthcare benefits;

  • Workers’ compensation medical coverage; and

  • Other earned or employment-based insurance.

Certain assistance programs that help low-income individuals pay Medicare premiums or cost-sharing may still be means-tested and should be reviewed separately.

What If the Benefit Is Received by a U.S.-Citizen Child or Spouse?

This is an important question for mixed-status families.

USCIS generally will not treat a benefit received by a family member as though the green card applicant personally received it.

For example:

  • A U.S.-citizen child receives Medicaid;

  • A U.S.-citizen child receives CHIP;

  • A U.S.-citizen spouse receives Medicaid; or

  • Another eligible family member receives a means-tested benefit.

DHS has stated that it generally will not consider benefits received by family members unless the record shows that:

  • A family member whom the applicant is legally obligated to support qualified because the applicant’s income was below the applicable threshold; or

  • The family member’s benefit is actually serving as a source of financial support for the applicant.

Even in those situations, USCIS would consider the information as part of the applicant’s overall assets, resources, and financial condition—not automatically treat the applicant as having received the benefit.

Families should therefore not automatically cancel benefits received by U.S.-citizen children or other eligible family members.

What About Benefits Received Before September 18, 2026?

The final rule is intended to operate prospectively.

For healthcare benefits that were excluded under the 2022 rule, including most Medicaid coverage, DHS states that it generally will not consider the benefit when it was applied for, approved, certified, or received before September 18, 2026.

If the applicant continues receiving the benefit on or after September 18, 2026, the later receipt may be considered.

Government-paid long-term institutional care has been treated differently and may already be relevant under the current public charge framework.

Does Receiving a Benefit Automatically Cause Denial?

No.

This is one of the most important points for applicants to understand.

USCIS should not deny a marriage-based green card application simply because the applicant received Medicaid or another means-tested benefit.

The officer must consider the entire situation, including:

  • Why the applicant needed the benefit;

  • Whether the need was temporary;

  • How long the applicant received the benefit;

  • Whether the applicant is still enrolled;

  • The applicant’s present employment;

  • The sponsor’s income;

  • Health insurance;

  • Education and job skills;

  • Savings and assets;

  • Household size; and

  • Whether the applicant’s financial situation has improved.

DHS expressly states that receiving Medicaid or another means-tested benefit is not automatically outcome-determinative. It is one consideration in the totality of the circumstances.

Example of a Strong Case

Consider an applicant who is not currently working but has the following positive factors:

  • The U.S.-citizen spouse has stable employment;

  • The sponsor’s income is comfortably above the Form I-864 requirement;

  • The couple has health insurance;

  • The applicant has a college degree;

  • The applicant previously worked;

  • The applicant has useful job skills;

  • The couple has savings; and

  • The household has manageable financial obligations.

The applicant’s temporary unemployment would not necessarily make the applicant likely to become a public charge.

USCIS should consider all the positive facts together.

Example of a Case Requiring More Preparation

A case may require additional evidence when:

  • The sponsor’s income is only slightly above the required amount;

  • The sponsor’s employment is recent or unstable;

  • The applicant has limited education or employment history;

  • The applicant has a serious health condition without adequate insurance;

  • The applicant personally receives several means-tested benefits;

  • The household has many dependents;

  • The couple has substantial debt; or

  • The joint sponsor has significant financial obligations.

These facts do not automatically mean the case will be denied. However, the application may need stronger documentation and a careful explanation.

How Applicants Can Prepare

Applicants filing Form I-485 on or after September 18, 2026 should be prepared to provide complete and accurate information concerning:

  • Employment and income;

  • Education and professional training;

  • Health insurance;

  • Savings and assets;

  • Debts and monthly obligations;

  • Household size;

  • Public-benefit history;

  • The sponsor’s current employment and income; and

  • The joint sponsor’s financial circumstances, when applicable.

Applicants who have received a government healthcare benefit should keep records showing:

  • The official name of the program;

  • Who was enrolled;

  • The date the application was submitted;

  • The approval date;

  • The dates coverage began and ended;

  • Whether the program was based on income;

  • Whether the applicant paid a premium;

  • Whether federal, state, or local subsidies were provided;

  • The reason the coverage was needed; and

  • Any later change in employment, income, or insurance.

Should Applicants Cancel Health Insurance or Public Benefits?

Applicants should not cancel necessary healthcare coverage based only on fear or general information found online.

Health insurance may help protect the applicant and the family from significant medical expenses. Having health coverage may also be a positive fact in the overall public charge analysis.

Before making a decision, the applicant should determine:

  • Whether the applicant or another family member is the actual beneficiary;

  • Whether the program is means-tested;

  • Whether the benefit will continue after September 18, 2026;

  • Whether other insurance is available;

  • Whether ending the coverage could create medical or financial hardship; and

  • How the applicant’s complete immigration case is affected.

Public-benefit eligibility rules and immigration public charge rules are not the same.

Does the New Rule Apply to Form I-751 or Naturalization?

The public charge ground generally applies when a person is seeking admission or adjustment of status.

The new rule does not ordinarily create a new public charge test for:

  • Form I-751 petitions to remove conditions on residence;

  • Form N-400 naturalization applications;

  • People who have already become lawful permanent residents; or

  • Standalone Form I-130 petitions.

For marriage-based consular processing, the Department of State applies public charge rules during the immigrant visa process. This DHS rule directly governs DHS and USCIS adjudications and does not itself revise the Department of State’s procedures.

Important Takeaway

The September 18, 2026 public charge rule does not mean that marriage-based green card applicants must be wealthy.

It also does not mean that Medicaid, an ACA subsidy, the New York Essential Plan, or another income-based healthcare program will automatically cause denial.

The major change is that USCIS officers will have broader discretion to examine the applicant’s entire financial situation.

Applicants filing Form I-485 on or after September 18, 2026 should expect more detailed review of:

  • Income;

  • Employment;

  • Education and skills;

  • Health and health insurance;

  • Savings and debts;

  • Household responsibilities;

  • Sponsor finances; and

  • The applicant’s personal use of means-tested government benefits.

Careful screening and preparation will be especially important for applicants who have received government healthcare coverage, have significant health concerns, are not currently employed, or are relying on a sponsor whose income is close to the minimum requirement.

USCIS is expected to issue additional guidance and a revised Form I-485 before the rule takes effect. The treatment of specific programs may become clearer when that guidance is released.

Disclaimer: This article provides general educational information and is not legal advice. Public charge determinations are highly fact-specific. Laws, forms, agency guidance, and court decisions may change. Please consult a qualified immigration attorney regarding your individual circumstances.

Ying Xiang
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