08/20/2026
π¨ Immigration Policy Update: DHS Rescinds 2022 Public Charge Rule
The Department of Homeland Security has published a final rule rescinding the 2022 public charge regulation in the Federal Register (91 FR 45324, RIN 1615-AD06, USCIS Docket No. USCIS-2025-0304), dated July 20, 2026. This follows the proposed rule issued November 19, 2025. The new rule takes effect September 18, 2026, and USCIS has now updated its Policy Manual with the operational guidance to implement it.
What's changing for I-485 (Adjustment of Status) applicants:
Which framework applies depends on when your I-485 was filed:
β Filed on or after September 18, 2026 β New rule applies
β Filed between December 23, 2022 and September 17, 2026 β 2022 rule applies
β Filed before December 23, 2022 β 1999 field guidance applies
The public benefits "look-back" window also changes at the same date:
β Benefits received before September 18, 2026 are judged narrowly (cash assistance and long-term institutionalization only)
β Benefits received on or after September 18, 2026 fall under an expanded definition β including housing assistance, SNAP, Medicaid-type coverage, and means-tested postsecondary financial aid
This applies to all USCIS I-485 adjudications across employment-based categories (EB-1 through EB-5), not just family-based cases.
This post is for general informational purposes only and is not legal advice. Every case is different β if you have questions about how this may affect your specific situation, please consult an immigration attorney or reach out to our team at [email protected].