USCIS announced that it will be stricter regarding the public charge ground of inadmissibility, clarifying that several types of public assistance that previously did not count can now be taken into consideration. We have clarified on social media what this actually means: receiving public assistance does not automatically make you a public charge. This article expands on his explanation with the full context of the new rule.
What Did USCIS Announce?
USCIS published a notice announcing that it will be stricter regarding the public charge ground of inadmissibility. This follows DHS's rescission of the 2022 Biden-era public charge rule on July 16, 2026, and its publication of updated guidance on how this determination will be made starting September 18, 2026.
According to USCIS, there are now several types of assistance that previously were not considered a public charge factor and, depending on the case, can now be taken into account for that purpose.
Who Does This Ground of Inadmissibility Apply To?
The public charge ground applies mainly to people who are applying for permanent residence (adjustment of status). It does not apply to everyone in the United States — only to those in that specific immigration process.
Does Receiving Public Assistance Automatically Make Me a Public Charge?
No. This is the central point to clarify: receiving public assistance does not automatically mean you will be considered a public charge. USCIS officers are required to look at the totality of the circumstances of each case before making that determination.
What Factors Does a USCIS Officer Consider?
Among the factors an officer evaluates are:
The person's age.
Whether the person is employed or not.
Whether the person has any medical condition.
The type of assistance being received and how long it has been received.
These are part of a broader set of factors USCIS weighs together — you can see the full breakdown of the five statutory factors and which benefits count based on when they were received in our earlier article on this topic.
Important
The fact that these factors are considered does not mean a person cannot receive public assistance. It means that, if that person is also applying for residence, that information can be part of the evaluation of their specific case — together with everything else.
Who Is Exempt From This Rule?
Several exceptions exist under immigration law for the public charge ground. Among them:
Asylees.
Refugees.
Crime victims (for example, those who qualify for a U visa).
And other categories of immigrants exempted by law.
You can see the full list of exempt categories in our article on the USCIS guidance.
Frequently Asked Questions
If I Receive Food Stamps, Will My Green Card Be Denied?
Not automatically. Receiving a benefit does not by itself disqualify your application. USCIS evaluates the totality of the circumstances of your case, including your age, employment, health, and the type and duration of assistance received, along with other factors.
Should I Stop Receiving Public Assistance If I'm Going to Apply for Residence?
That is a decision you should evaluate with your immigration attorney before acting, since it depends on your specific case, the type of benefit, and whether you fall under an exempt category.
Does This Rule Apply to Asylees or Refugees?
No. Asylees, refugees, crime victims, and other categories exempted by law are not subject to this ground of inadmissibility.
When Do These Changes Take Effect?
The updated USCIS guidance takes effect on September 18, 2026, and applies to Form I-485 applications filed on or after that date.
Conclusion
The public charge rule is being enforced more strictly, but that does not mean everyone who receives public assistance will be denied. The determination depends on the totality of the circumstances of each case, and entire categories of immigrants are exempt from this ground. If you are going to apply for public assistance, or already receive it and have a pending residence application, it is important to consult your immigration attorney before making decisions. If you have questions about this topic or any other immigration matter, we invite you to schedule a consultation to review your specific case.
