USCIS's stricter public charge test took effect September 18, 2026. New York immigration attorney John A. Nicelli explains who's exempt and what green card applicants should know now.


 
 


New York City, United States — Sept 19 , 2026 —  As of September 18, 2026, U.S. Citizenship and Immigration Services has been applying a significantly stricter public charge test when deciding whether to approve a green card application. The change follows a final rule published by the Department of Homeland Security on July 20, 2026, rescinding the more lenient 2022 public charge regulations, with USCIS issuing updated guidance to officers on August 18, 2026. <a href="https://johnnicelli.com/">New York immigration attorney</a> John A. Nicelli, of John Nicelli & Associates, says the shift has already caught some applicants off guard.



What's Actually Changing
The public charge ground of inadmissibility, found in the Immigration and Nationality Act, allows USCIS to deny a green card if an applicant is likely to become primarily dependent on the government for support. Notably, the INA does not actually define “public charge” or what it means to be “likely at any time to become a public charge”; instead, Congress directs USCIS officers to weigh five statutory factors on a case-by-case basis: age, health, family status, assets and financial resources, and education and skills. Under the new guidance, officers now consider a broader range of public benefits than under the 2022 rule, weighing an applicant's full circumstances rather than a narrower set of factors. A properly completed Form I-864 affidavit of support remains important, but USCIS guidance makes clear it is not necessarily sufficient on its own to overcome public charge concerns.
Who This Affects
The public charge test applies to most people adjusting status to a green card through a family member or, in many cases, an employer, unless their immigration category is specifically exempted, such as refugees, asylees, and certain applicants under the Violence Against Women Act or U and T visa categories. 
“A lot of my clients assume this only affects people who are currently receiving benefits,” said John Nicelli. “In reality, this is about how an officer evaluates your entire financial picture across factors like age, health, family status, assets, and education, not just whether you've used a specific program.”
John Nicelli said the timing details matter most: guidance indicates that public benefits received on or after September 18, 2026, receive broader consideration than benefits received before that date, making the exact timing of any benefit use an important factor in cases still pending.
What Applicants Should Do Now
John Nicelli, an <a href="https://johnnicelli.com/immigration-law-in-manhattan-ny/">immigration lawyer</a> based in Manhattan, NY, recommends that anyone with a pending or upcoming green car

John Nicelli & Associates: USCIS Reinstates Stricter Public Charge Test for Green Card Applicants — NYC Immigration Attorney Explains What Changed September 18

John Nicelli & Associates: USCIS Reinstates Stricter Public Charge Test for Green Card Applicants — NYC Immigration Attorney Explains What Changed September 18

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