The U.S. Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 public charge regulation and returning public charge determinations to a broader, case-by-case approach under the Immigration and Nationality Act (INA). Effective September 18, 2026, U.S. Citizenship and Immigration Services (USCIS) officers will evaluate relevant facts and circumstances on a case-by-case basis when determining whether an applicant is likely at any time to become a public charge. USCIS has also confirmed that a revised Form I-485, Application to Register Permanent Residence or Adjust Status, will be required for applications filed on or after the effective date.

This regulatory change may have important implications for law firms, employers, immigration counsel and individuals seeking permanent residence or other immigration benefits for which the public charge ground of inadmissibility may apply. Under the revised framework, applicants should be prepared for a broader review of their individual circumstances and any supporting documentation required under revised USCIS guidance. Careful case preparation, accurate financial information, and thorough legal analysis may be important in demonstrating eligibility and compliance with applicable immigration requirements.

Applicants should also pay close attention to USCIS filing requirements, including the use of the updated Form I-485. USCIS has announced that older editions of the form will not be accepted for applications postmarked or submitted electronically on or after September 18, 2026. Using an outdated form could result in rejection and processing delays.

As immigration policies and filing requirements continue to evolve, individuals and organizations should review the latest USCIS guidance before submitting an application and seek appropriate legal advice when necessary. Early preparation, accurate documentation, and careful review of current filing requirements can help reduce the risk of rejection, minimize delays, and improve the overall efficiency of the immigration process.

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US Citizenship and Immigration Services Rescinds 2022 Public Charge Regulation | USCIS

Application to Register Permanent Residence or Adjust Status | USCIS

Federal Register :: Public Charge Ground of Inadmissibility