The U.S. Department of Homeland Security (DHS) has announced that the 2022 public charge rule will no longer be in effect beginning September 18.

With this change, immigration authorities will once again apply broader standards when determining whether a foreign national is likely to become a public charge while applying for a visa or lawful permanent residence (a Green Card).

What Changes Under the New USCIS Public Charge Rule?

According to DHS, the decision is intended to align immigration policy with the Immigration and Nationality Act (INA), which provides that a person may be found inadmissible if they are likely to become dependent on public benefits funded by taxpayers.

Once the new rule takes effect, U.S. Citizenship and Immigration Services (USCIS) officers will again be able to evaluate all relevant factors in each applicant’s case on an individual basis.

USCIS Will Update Form I-485

USCIS regla de los 60 días para trabajadores no inmigrantes, USCIS to Reinstate Public Charge Rule
USCIS to Reinstate Public Charge Rule – Photo Shutterstock

As part of the changes, USCIS will release a new version of Form I-485, the application used to apply for lawful permanent residence or adjustment of status.

The agency has warned that any previous version of the form submitted by mail or electronically on or after September 18 will be rejected.

What Did USCIS Say?

Nuevas tarifas de USCIS entrarán en vigor en 2026
USCIS to Reinstate Public Charge Rule – Photo Shutterstock

USCIS spokesperson Zach Kahler said the measure is intended to protect public resources.

«The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits,» he said.

Who Will Be Affected by the USCIS Public Charge Rule?

USCIS vuelve a subir tarifas
USCIS to Reinstate Public Charge Rule-Photo: Shutterstock

The change will primarily affect individuals applying for:

  • Lawful permanent residence (Green Card)
  • Adjustment of status through Form I-485
  • Certain visas that are subject to a public charge determination

Anyone planning to file an application after September 18 should make sure to use the updated version of Form I-485 and comply with the revised eligibility criteria that USCIS will apply under the new rule.

YOU MAY ALSO BE INTERESTED IN: Trump Administration Unveils Proposal to Tighten Student and Journalist Visa Rules