Would you like to obtain a U.S. Green Card? These Factors will be assessed from the 18th of September 2026.

U.S. Citizenship and Immigration Services (USCIS) has released new guidance for applicants on how immigration officers will evaluate the legal standard that they are likely to become a public charge.

This new guidance will be effective as of September 18, 2026. Candidates who intend to apply for adjustment of status must be aware of the new requirements and ensure their financial and supporting documents are well-prepared.

What is the definition of ‘public charge’?

When a public charge is a determination, it is made based on whether an applicant could become “primarily dependent” on the U.S. government for financial assistance.

This assessment is not the same for all categories of immigration. It is usually limited to applicants who are applying for adjustment of status, and is not available for those who are not eligible for legal exemption.

Which USCIS section will review?

Each of their applications will be reviewed on a case-by-case basis and will be evaluated based on the applicant’s entire situation. The main factors include:

1. Age

Whether the applicant is able to work and to support himself or herself and be financially independent may be taken into consideration in evaluating the applicant’s age.

2. Health

USCIS may consider if a medical condition will have a negative impact on the applicant’s work or if they are likely to be financially dependent for a significant amount of time.

Just because a child has a medical condition doesn’t mean that an application will automatically be denied. It is taken into account together with the other factors of the case.

3. Family Status

The size of the family of the applicant, the number of dependents and the financial obligations of the family may be considered.

 4. Income, Assets and Financial Resources

USCIS will look at the applicant’s:

* Household income

* Savings and assets

* Financial liabilities

* Employment history

* Sources of financial support

* Overall financial stability

It is important for the applicants to make sure they have complete, consistent and trustworthy financial data.

5. Students can take on this role in their work through Education and Employment Skills.

Applicant’s qualifications, professional skills, and work experience and employability may also be taken into consideration. Having good job prospects and stability as well as qualifications can be a good indicator of financial self-sufficiency.

6. Certain Public Benefits 

USCIS will take into account the receipt of certain government-funded benefits for the purpose of making a public charge determination. But will not automatically lead to a refusal if a benefit is received. The full facts of every case must be considered by the officers.

Are there any exceptions to the Rule?

There are exceptions (for certain applicants and humanitarian immigration categories) to the public charge ground of inadmissibility.

The rule is applicable to the applicant’s case and their immigration status. Candidates are not able to make any assumptions that the rule applies or does not apply to them without first checking their category.

A new Form I-485 will be released.A new Form I-485 will be available.

USCIS also has announced that it will release a new version of Form I-485, Application to Register Permanent Residence or Adjust Status, in conjunction with the new public charge policy.

On or after the effective date, applicants should be sure to use the appropriate edition of the form that USCIS accepts for use when applying. If you’re using an old or wrong form, it might be rejected.

What should aspirants do to prepare?

It is best to start preparing for a Green Card or adjustment of status as early as possible.

Applicants should plan to arrange:

• Evidence of employment and income.
• Recent bank statements
• Any information about saving or assets
• Information about people living in the household and dependants
• Educational qualifications

This is not a complete list of professional licences and certificates that may be required. You may also be asked to show:

• Employment history
• Including health related documents, if applicable
• Correct details of any public benefit received

Any information given to USCIS must be truthful, documented and uniform throughout the application.

Final Thoughts

For some Green Card applicants, financial self-sufficiency and the overall personal circumstances of the applicant could be a significant factor from September 18, 2026.

Public charge assessment is not for one reason alone. All of the applicant’s profile, such as age, health, family situation, finances, education and work skills will be reviewed by USCIS.

Having robust and clear paperwork ready before applying can minimize delays and could better convey the circumstances to the applicant.

Planning to apply for a U.S. Green Card? Check your eligibility through our free assessment link:

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