The New Public Charge Rule Is Now in Effect: What Changed on September 18 and the Lawsuits to Watch

If you are applying for a green card from inside the United States, the rules just changed. As of September 18, 2026, the Department of Homeland Security's public charge final rule, published at 91 FR 45324 (July 20, 2026), is in effect. Every adjustment of status application postmarked or electronically submitted on or after that date must be on the 09/18/26 edition of Form I-485, and every one in a category subject to public charge is judged under the new rule. Three lawsuits challenge it in federal court in Manhattan, one joined by Pennsylvania's governor. As of September 19, 2026, no court has blocked the rule.

Our earlier post on the new public charge rule and the new Form I-485 covered it before it took effect. This is the follow-up.

What Took Effect on September 18, and What the Regulation Actually Says

The regulatory text of 91 FR 45324 makes only two changes to the Code of Federal Regulations. It removes 8 CFR 212.20 through 212.23, the sections the 2022 rule used to define public charge, list the factors, limit the benefits considered, and list the exempt categories. And it rewrites 8 CFR 103.6(c)(1), the rules for cancelling and breaching a public charge bond.

That is all. The new regulation contains no definition of "public charge," no list of factors, no list of benefits, no exemption list, and no sentence about family members. DHS said in the preamble that it was removing "rigid regulatory definitions and standards" so officers can make "highly individualized, fact-specific, case-by-case" decisions. The standards now come from the statute, Board of Immigration Appeals precedent, the rule's preamble, and USCIS's Policy Manual.

The Policy Manual piece is Policy Alert PA-2026-09, dated August 18, 2026, which rewrote Volume 8, Part G, effective September 18. In practice it is the document officers work from, which is why the lawsuits challenge it too.

The only place the new regulation speaks about benefits directly is the bond provision. Under revised 8 CFR 103.6(c)(1)(ii), a public charge bond submitted on or after September 18, 2026 "is breached if the bonded alien receives any means-tested public benefit prior to death, permanent departure, or naturalization." A bond submitted before that date is breached by public cash assistance for income maintenance or long-term institutionalization at government expense. Either kind of bond is also breached if the bonded person does not comply with its other conditions. That sentence is the regulation's clearest signal of where the line now sits.

Which Filings the New Rule Governs

The rule's effective date language is precise: it "applies to applications for admission made on or after September 18, 2026 or applications for adjustment of status postmarked or electronically submitted on or after September 18, 2026." The postmark or online submission date controls, not the date USCIS receives the package.

• Filed before September 18 and accepted. Your case is decided under the 2022 rule and the related guidance, even if the interview happens in 2027. PA-2026-09 says so expressly for applications postmarked or submitted from December 23, 2022 until September 18, 2026. Do not withdraw and refile.
• Filed before September 18 but rejected. A rejected package has no filing date. If you refile now, you are a new filer under the new rule, and you must use the new form.
• Filed on or after September 18. The new rule applies, and USCIS accepts only the 09/18/26 edition of Form I-485. The 01/20/25 and 09/04/26 editions are rejected, with no grace period.

For people adjusting inside the country, including K-1 fiancés who married within 90 days, the I-485 filing date is the switch. Our post on adjusting status after a K-1 visa covers that package.

How Officers Decide Now: The Statute, Then Everything Else

The statute did not change. INA 212(a)(4)(A) makes inadmissible anyone who, "in the opinion of" the officer, "is likely at any time to become a public charge." INA 212(a)(4)(B)(i) requires the officer to "at a minimum consider" five factors: age; health; family status; assets, resources, and financial status; and education and skills. INA 212(a)(4)(B)(ii) allows the officer to consider an affidavit of support.

The rule's preamble describes what officers will weigh on top of that: "(1) the mandatory statutory factors in section 212(a)(4)(B)," "(2) the alien's receipt of means-tested public benefits," "(3) any other individualized case-specific factors and circumstances relevant to an alien's case," and "(4) any empirical data relevant to an alien's self-sufficiency." The third item matters most: officers who once worked from a closed list may now consider anything relevant in the totality of the circumstances.

There are anchors. DHS repeats throughout the preamble that receipt of a benefit "is considered but not outcome determinative." PA-2026-09 states that no single factor, other than the lack of a sufficient affidavit of support when one is required, can be the sole basis for a public charge finding. And the preamble leans on long-standing BIA precedent, including Matter of Perez, 15 I&N Dec. 136 (BIA 1974), which it quotes for the principle that "[a] healthy person in the prime of life cannot ordinarily be considered likely to become a public charge, especially where he has friends or relatives in the United States who have indicated their ability and willingness to come to his assistance in case of emergency."

In practice, the strongest file answers the five statutory factors with documents.

Which Benefits Count: A Test, Not a List

The 2022 rule named the benefits that mattered and excluded the rest. The new rule names none. In the preamble, DHS explains that it declined to publish a list or a definition because it "considers any and all public benefits funded by the government for which eligibility is determined by assessing whether the alien's means are below a specified level." Put simply, the question for any program is whether you qualified for it because your income or resources were below a limit. Benefits with no income or resources test are outside that description.

We will not tell you a specific program counts or does not count, because the regulation does not say. What the text and preamble do establish is timing:

• Before September 18, 2026. Receipt is considered "consistently with the 2022 Final Rule." In the preamble's words, DHS "will only consider the receipt of public cash assistance for income maintenance and long-term institutionalization at government expense before the effective date."
• On or after September 18, 2026. DHS "will consider the receipt of any means tested public benefits." The preamble adds that if you were approved for a benefit for a period that runs past September 18 and you do not show that you disenrolled or withdrew, receipt on or after that date is considered.
• While in an exempt status. If you received benefits while in a category exempt from public charge, such as asylee status, and later adjust in a category that is not exempt, the preamble says officers may consider that receipt but "may give limited weight" to it, looking at the policy behind your eligibility.

The preamble is also explicit that the rule "does not direct or require aliens to disenroll" from anything, and that "USCIS will consider any evidence the alien provides demonstrating that he or she has disenrolled." Whether to keep a benefit depends on your category, timing, and file.

Filing for a green card under the new public charge rule?

Officers now weigh your whole file with fewer limits. We review your category, timing, household benefits, and sponsor documents before anything is mailed, so the application answers the questions before an officer asks them.

Talk to a Green Card Attorney

Or call (484) 763-4984

Benefits Your Children or Spouse Receive

The sources disagree, so here is what each says.

What DHS wrote. The regulatory text says nothing about family members. The preamble says DHS "will generally not consider the application for, certification or approval to receive, or receipt of public benefits by the alien's family members," unless that family member is also an applicant subject to public charge. PA-2026-09 goes further: "Receipt (of means-tested public benefits) only occurs when the alien is listed as a beneficiary of the benefit," and USCIS "does not attribute to the alien the receipt of means-tested public benefits if the benefit is received by the applicant's relatives, including children." Applying for a benefit on someone else's behalf, such as for your child, is not attributed to you either.

The two exceptions DHS wrote in. First, if family members you are legally obligated to support receive a means-tested benefit because your income is below the program's limit, DHS says it will consider that fact as evidence about your own assets, resources, and financial status. Second, "where DHS learns that the means-tested public benefits that the alien's family member received are the source of the alien's financial support, DHS will consider that fact." Both treat the benefit as evidence about your income, not as yours.

What the plaintiffs say. The New York Attorney General's September 14 press release describes the rule differently, stating that it "includes benefits legally used by family members, even if the family member is a U.S. citizen." That is the plaintiffs' characterization, and it is one of the things the litigation may test. DHS's preamble and USCIS's guidance say the opposite as a general rule, with the income exceptions above.

One trap to avoid. The preamble warns that benefit income must be left out of the household income you report on the I-485, and that counting other household members' benefit amounts as your household income "may lead to an inadmissibility finding under section 212(a)(6)(C)(i)," the misrepresentation ground. Report income accurately, and never leave a benefit question blank.

Who Is Still Exempt

Removing the exemption list from the regulations did not remove a single exemption. DHS said so directly: "This rule changes which public benefits are considered in a public charge inadmissibility determination, not which aliens are exempt." The exemptions come from statute or, for a few groups, from regulation, and the list now lives in the Policy Manual and on Form I-485.

The statutory exemptions we confirmed include refugees and asylees adjusting under INA 209(c); special immigrant juveniles, under INA 245(h)(2)(A); VAWA self-petitioners, U visa applicants and holders, and certain battered "qualified aliens," under INA 212(a)(4)(E). PA-2026-09 also lists T nonimmigrants, citing INA 245(l), along with Cuban Adjustment Act, NACARA, and HRIFA applicants, Lautenberg parolees, registry and TPS applicants, Afghan and Iraqi interpreters, and smaller groups.

The key point is that the exemption attaches to the category you adjust in, not to your history. A person with TPS who adjusts through a U.S. citizen spouse's I-130 under INA 245(a) is subject to public charge in that application. An asylee who adjusts through a marriage petition instead of under INA 209 is not exempt in that filing. Compare the two paths before you file.

The Three Lawsuits, as of September 19, 2026

All three are in the U.S. District Court for the Southern District of New York, and all three sue DHS, USCIS, Secretary Markwayne Mullin, and USCIS Director Joseph B. Edlow under the Administrative Procedure Act.

State of New York v. U.S. Department of Homeland Security, No. 1:26-cv-07978. Filed September 14, 2026, and assigned to Judge Ronnie Abrams. New York leads what its Attorney General calls a coalition of 21 other states and the District of Columbia. Pennsylvania is counted among them through "Governor Josh Shapiro, in his official capacity as Governor of the Commonwealth of Pennsylvania," and New Jersey is a plaintiff state. The complaint asks the court to vacate the rule, declare it contrary to law, in excess of DHS's authority, and arbitrary and capricious, and to vacate the USCIS guidance to the extent it supplies operative standards. The judge has set an initial conference for October 9, 2026, and the docket shows the government's answer due November 16, 2026.

City of New York v. U.S. Department of Homeland Security, No. 1:26-cv-07982. Filed September 14, 2026, by New York City, Chicago, San Francisco, Santa Clara County, Seattle, and King County, Washington. It challenges both the rule and the August 18 Policy Alert, arguing among other things that the guidance should have gone through notice and comment. It asks for declarations, vacatur, and a permanent injunction.

Make the Road New York v. U.S. Department of Homeland Security, No. 1:26-cv-08129. Filed September 17, 2026, by Make the Road New York, the New York Legal Assistance Group, the Association to Benefit Children, and African Communities Together. This is the only complaint whose prayer for relief asks the court to stay the rule and guidance under 5 USC 705 and to preliminarily enjoin them, in addition to vacatur.

As of September 19, 2026, the dockets show no restraining order, preliminary injunction, or stay. The rule applies to every covered filing today. We will update this post if that changes.

What to Do Now

Do not panic-withdraw benefits. Especially benefits your U.S. citizen children receive in their own names. USCIS guidance says those are not attributed to you, though a child's eligibility based on your low income can be evidence about your finances. If you personally receive a benefit, get advice before changing anything, and keep proof of any disenrollment.

Document the five factors. Recent tax returns, pay records, an employer letter, proof of health insurance, education records, and evidence of savings or property. Explain anything unusual rather than leaving an officer to guess.

Get the sponsor right. An insufficient affidavit of support is still the one factor that decides a case by itself. USCIS published a new 08/24/26 edition of Form I-864 on August 31, 2026, with a 30-day grace period: the 10/17/24 edition is accepted through September 30, and only the new edition from October 1, 2026. From October 1, an I-485 filed with an older I-864 edition is not rejected; USCIS treats it as missing initial evidence under 8 CFR 103.2(b)(8). The new edition authorizes USCIS to request consumer report information about the sponsor, so a sponsor with a credit freeze should be ready to lift it. See our posts on the new I-864 and sponsor credit reports, the 2026 I-864 income rules, and adding a joint sponsor.

Use the right forms and fees. Only the 09/18/26 I-485 edition is accepted. A rejected package loses its date, so check the edition, signatures, and fees before mailing; our USCIS filing fees page is a starting point.

What This Means in the Lehigh Valley

Families in Allentown, Bethlehem, Easton, and Reading who adjust status are interviewed at the USCIS Philadelphia Field Office at 30 North 41st Street. Expect questions about work, income, health coverage, and any benefit listed on your form, and bring documents that answer them.

Pennsylvania is in the states' lawsuit through Governor Shapiro. That does not change how USCIS decides your case while the suit is pending. Only a court order would.

For a mixed-status household anywhere in the Lehigh Valley, the advice is the same: keep children who are U.S. citizens enrolled in what they qualify for, get advice before changing your own benefits, and file a complete, documented application rather than a fast one. Our Allentown green card practice reviews packages before they are mailed.

Frequently Asked Questions

My I-485 was filed before September 18. Does the new rule apply to me?

No. The rule applies to adjustment applications postmarked or electronically submitted on or after September 18, 2026. USCIS guidance states that applications filed from December 23, 2022 until September 18, 2026 are decided under the 2022 rule, whenever the interview happens. If your package was rejected and you refile now, you are a new filer under the new rule.

Will my U.S. citizen child's benefits count against my green card?

DHS's preamble says it will generally not consider benefits received by family members, and USCIS guidance says it does not attribute benefits received by relatives, including children, to the applicant. The exception: if your child qualified because your income is below the program's limit, that fact can be considered as evidence about your income. The New York Attorney General, who leads the states' lawsuit, describes the rule differently.

Which benefits are counted under the new rule?

The regulation itself names no programs. DHS's preamble says it considers public benefits for which eligibility depends on income or resources being below a set level, received by you on or after September 18, 2026. Earlier receipt is judged under the 2022 rule. Receipt is one factor, not an automatic denial.

Has a court blocked the public charge rule?

Not as of September 19, 2026. Three lawsuits are pending in the Southern District of New York, filed by a coalition of states that includes Pennsylvania's governor, by six cities and counties, and by four New York organizations. No restraining order, injunction, or stay has issued, and the first conference in the states' case is set for October 9, 2026.

I am an asylee, or I have a U visa. Am I exempt?

Refugees and asylees adjusting under INA 209, U visa applicants and holders, VAWA self-petitioners, T nonimmigrants adjusting under INA 245(l), and special immigrant juveniles are exempt under the statute and USCIS's guidance, and the rule did not change that. The exemption depends on the category you adjust in. If you adjust through a family petition instead, public charge applies to that application.

Get Help With a Green Card Application Under the New Public Charge Rule

The new rule gives officers more discretion and applicants less certainty, so the quality of the file matters more than ever. Lehigh Valley Immigration Law LLC prepares family-based adjustment applications and affidavits of support for clients in Pennsylvania, New Jersey, and New York and represents them at the USCIS Philadelphia Field Office. We offer a free bilingual consultation to review your category, your timing, any benefits in your household, and your sponsor's documents. Call (484) 763-4984 or contact us online. No outcome can be guaranteed in any immigration case, but a complete and well documented application is the part you control.