2026 Public Charge Changes Take Effect: How Could Medicaid, SNAP, and Other Public Benefits Affect Form I-485 Applications?
Over the past several years, under the 2022 public charge rule, many noncash benefits generally were not considered in public charge determinations. Beginning September 18, 2026, however, USCIS may consider a broader range of means-tested public benefits under the totality-of-the-circumstances analysis for certain Form I-485 adjustment-of-status applicants who are subject to the public charge ground of inadmissibility.
On July 20, 2026, the U.S. Department of Homeland Security (DHS) published a final public charge rule in the Federal Register rescinding the 2022 public charge regulations. The rule took effect on September 18, 2026. On August 18, 2026, U.S. Citizenship and Immigration Services (USCIS) subsequently issued updated guidance on public charge inadmissibility determinations and comprehensively updated Volume 8, Part G of the USCIS Policy Manual to explain how immigration officers would conduct public charge determinations after the new rule took effect.
Importantly, the 2026 final rule did not replace the prior definition of “public charge” with a new regulatory definition, nor did it establish a closed list of benefits applicable to every case. Instead, the rule rescinded several definitions and limitations contained in the 2022 regulations, allowing immigration officers to consider a broader range of relevant facts under a totality-of-the-circumstances framework based on each applicant’s individual situation.
1. What Is a Public Charge Determination?
Section 212(a)(4) of the Immigration and Nationality Act (INA) provides that a noncitizen who is subject to the public charge ground of inadmissibility may be found inadmissible if an immigration officer determines that the person is likely at any time to become a public charge.
Under current USCIS policy, a public charge determination is a prospective, individualized assessment based on the totality of the circumstances. It principally evaluates whether an applicant is likely to rely on government-provided, means-tested public benefits to meet basic needs such as food, housing, or medical care.
Immigration officers must consider, at a minimum, the following factors:
Age;
Health;
Family status;
Assets, resources, and financial status; and
Education and skills.
If an applicant is legally required to submit Form I-864, Affidavit of Support Under Section 213A of the INA, USCIS will also determine whether the affidavit satisfies the applicable requirements and will consider it as a relevant factor in the totality-of-the-circumstances analysis. Immigration officers may also consider whether the applicant has applied for, been approved or certified to receive, or actually received means-tested public benefits, together with other evidence concerning the applicant’s prospective ability to remain financially self-sufficient.
Except for independent eligibility requirements that must be satisfied as a matter of law, no single factor will generally determine the outcome of the totality-of-the-circumstances analysis.
2. Which Applicants May Be Affected?
The public charge ground of inadmissibility does not apply to every green card applicant, and not every Form I-485 applicant is subject to a public charge determination.
In general, certain family-based, employment-based, and other adjustment-of-status applicants subject to INA §212(a)(4) may be required to undergo a public charge determination. Whether this provision applies must be evaluated based on the applicant’s particular immigrant category and basis for adjustment of status.
U.S. law also provides exemptions or waivers for certain categories. For example, refugees, asylees applying for adjustment of status, certain T and U nonimmigrant victims, certain VAWA self-petitioners, Special Immigrant Juveniles, and other categories specified by law may not be subject to the public charge ground of inadmissibility.
This article primarily addresses Form I-485 adjustment-of-status applications adjudicated by USCIS. Applicants seeking immigrant visas through U.S. embassies or consulates abroad should also review the applicable U.S. Department of State rules and consular adjudication standards.
3. How Does the 2026 Rule Differ From the 2022 Rule?
Under the 2022 rule, USCIS primarily considered:
Public cash assistance for income maintenance, including Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and certain state or local cash-assistance programs; and
Long-term institutionalization at government expense.
Under the 2022 rule, many common noncash benefits generally fell outside the scope of the public charge determination. Accordingly, receipt of benefits such as SNAP, WIC, CHIP, most Medicaid benefits, and certain housing benefits generally was not, by itself, treated as a negative factor in the public charge analysis.
The 2026 final rule rescinded these more restrictive definitions and limitations on the categories of benefits that could be considered. For means-tested public benefits applied for, approved, or received on or after September 18, 2026, USCIS may consider the relevant circumstances as part of the totality-of-the-circumstances analysis.
4. Which Benefits May Be Considered?
The USCIS Policy Manual does not establish a closed list of benefits. When determining whether a particular benefit qualifies as a means-tested public benefit, immigration officers generally consider:
Whether eligibility is based on income or assets falling below a specified threshold;
Whether the benefit is provided or funded by a federal, state, local, tribal, or territorial government; and
The particular nature and purpose of the benefit.
Categories of potentially relevant benefits identified by USCIS include:
Cash assistance;
Food assistance;
Government-funded health coverage;
Public or subsidized housing;
Certain forms of means-tested postsecondary educational assistance; and
Other forms of government assistance with similar characteristics.
The explanatory discussion accompanying the DHS final rule also addresses programs such as Medicaid, the Children’s Health Insurance Program (CHIP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and Supplemental Security Income (SSI).
These programs will not automatically be given the same weight in every case. USCIS may also consider the nature, amount, duration, frequency, and recency of the benefit, as well as the specific reason the applicant received it.
5. Which Benefits Generally Are Not Means-Tested Public Benefits?
The USCIS Policy Manual explains that the following benefits obtained through employment or contributions are not means-tested public benefits:
Social Security retirement and similar earned benefits;
Medicare; and
Unemployment insurance.
Other government programs cannot be classified based solely on the program’s name. Their specific eligibility requirements, sources of funding, and underlying nature must be examined individually.
6. Can Benefits Received by Family Members Affect the Applicant?
A public charge determination generally focuses on the applicant.
If a benefit is received by a spouse, child, or other relative, it generally is not treated as a benefit received by the applicant. Likewise, an applicant who merely submits an application on behalf of a child or another third party generally is not considered to have personally received that benefit.
In limited circumstances, however, a family member’s receipt of benefits may still be relevant to the applicant’s overall financial circumstances. For example:
The applicant has a legal obligation to support the family member, and the family member qualifies for benefits because the applicant’s income or assets fall below a specified threshold; or
The benefits received by the family member effectively serve as a source of financial support for the applicant.
In these circumstances, USCIS focuses on what the relevant facts demonstrate about the applicant’s income, assets, resources, and overall financial status, rather than simply attributing the family member’s benefits to the applicant.
7. Does Receiving Medicaid, SNAP, or WIC Automatically Result in the Denial of a Green Card Application?
No. Receipt of these benefits does not automatically result in a denial.
The USCIS Policy Manual makes clear that applying for, being approved or certified to receive, or receiving a means-tested public benefit is not, by itself, sufficient to establish that an applicant is likely to become a public charge. Immigration officers consider multiple factors, including:
Age and ability to work;
Health;
Family structure and financial responsibilities;
Income, assets, liabilities, and employment;
Education, occupational skills, and work history;
The nature and amount of the benefit, the reason it was received, and the duration of receipt;
Form I-864 and other sources of financial support; and
Other facts relevant to the applicant’s prospective ability to remain financially self-sufficient.
Likewise, even if an applicant has never received a relevant public benefit, USCIS may still conduct a public charge determination based on other facts in the record.
8. How Do the Rules Apply Before and After September 18, 2026?
Under the DHS final rule:
Form I-485 applications postmarked or electronically submitted on or after September 18, 2026, are subject to the new public charge framework; and
Form I-485 applications submitted before September 18, 2026, continue to be adjudicated under the previously applicable rules.
Benefit records must also be analyzed according to the relevant dates:
For benefits received before September 18, 2026, USCIS will apply the 2022 rule to determine which benefits may be considered;
Means-tested public benefits applied for, approved, or received on or after September 18, 2026, may be considered in the totality-of-the-circumstances analysis; and
If an application for benefits, an eligibility determination, or a period of benefit receipt extends across September 18, 2026, USCIS may evaluate the application, eligibility status, or actual receipt occurring after the effective date.
Accordingly, determining which rules apply may require confirming:
The Form I-485 filing date;
The date the benefit application was submitted;
The date the benefit was approved or the applicant was certified as eligible;
The dates on which benefits were received and terminated; and
Whether the applicant has withdrawn from or otherwise left the relevant program.
9. What Can Form I-485 Applicants Prepare in Advance?
Applicants should first determine whether they are subject to the public charge ground of inadmissibility and confirm that they are using the edition of Form I-485 currently accepted by USCIS.
If an applicant has applied for, been approved or certified to receive, or received relevant benefits, the applicant may consider organizing the following information based on the circumstances of the case:
The name of the benefit program;
The agency responsible for administering or distributing the benefit;
The dates of application, approval, and actual receipt;
The identity of the actual beneficiary;
Whether the benefit has ended;
Records showing withdrawal of an application or departure from the program; and
Documents explaining the reason for receiving the benefit or any subsequent change in circumstances.
This does not mean that every applicant must affirmatively submit all such documents. The applicable disclosure and evidentiary requirements depend on the questions presented in Form I-485, the official form instructions, the applicant’s immigration category, and the specific facts of the case.
The public charge rule also does not change whether an applicant or a family member is legally eligible to receive a particular benefit. A decision to apply for, continue receiving, or withdraw from a benefit program should not be based solely on general information found online. It should instead take into account the nature of the benefit, the applicant’s immigration category, the relevant dates, and the applicant’s individual circumstances.
Applicants who are uncertain whether a particular benefit may affect an immigration case may wish to obtain an individualized legal assessment before making a decision. Public charge policies, form editions, and adjudication standards may change. Before filing, applicants should consult the official information then in effect from DHS, USCIS, and other relevant government agencies.
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Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Every case is unique. For personalized guidance, please consult a qualified immigration attorney.
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