As of September 18, 2026, new Public Charge rules for obtaining a green card came into effect. The main change is that the question about government assistance on Form I-485 has been expanded, but receiving benefits alone no longer means automatic denial. Officers now evaluate the totality of circumstances and the applicant’s status.

What Changed in Form I-485

The new version of Form I-485 expanded the question about government assistance. Applicants are now asked about assistance awarded based on income. If the answer is affirmative, they must provide full details about the programs, periods, and amounts of assistance received.

It is important to understand that when a form is updated, this does not mean you need to resubmit an application that was already accepted by USCIS if it was filed earlier.

Child’s Benefits Are Not Equated with Parent’s Assistance

Assistance received by a child does not automatically mean the parent also received it. This is an important point when completing the form and when an officer evaluates the case. The applicant should report only the assistance that they personally received.

How the Public Charge Rule Works

Public Charge is a rule under which immigration authorities assess the likelihood that a person will become dependent on government assistance. Receiving benefits alone does not mean automatic denial of a green card. The officer evaluates the totality of circumstances, including the applicant’s status.

Not all immigrants are subject to this rule. For example, individuals granted asylum are exempt from it, and when obtaining a green card based on asylum status, benefits will not be considered.

Do Not Refuse Assistance in Panic

Receiving assistance, eligibility for it, and consequences for an immigration case are different questions. You should not refuse medical insurance or benefits that your family needs just because new rules have appeared.

Lawsuits Against the New Rules

On September 14, 22 states and the District of Columbia filed a lawsuit in federal court in the Southern District of New York. They seek to have the new Public Charge rules that took effect on September 18 declared illegal. A separate lawsuit was filed by a coalition of cities and counties, including San Francisco and Santa Clara County.

However, the lawsuits did not prevent the rule from taking effect. It has been in force since September 18.

Recommendation Before Filing Documents

If you have received any benefits in the past and plan to apply for a green card, it is strongly recommended that you consult with an attorney before filling out forms on your own.