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New Public Charge Rule Gives USCIS More Discretion to Deny

July 17, 2026

On July 20^th, DHS will publish a new public charge rule, available for preview here. This rule, scheduled to take effect September 18, 2026, will lead to significant changes in how USCIS officers adjudicate I-485 applications. Applications submitted on or after that date will be required to use a new (yet-to-be-released) edition of the I-485.

What is the public charge rule?

The public charge rule dates back to the 1880s, and sets the standard for when a noncitizen can be denied admission or a green card based on the government’s assessment that they could end up reliant on government support.

During the first Trump Administration, this rule was rewritten to include use of non-cash benefits like SNAP, Medicaid, and housing assistance, ensuring that more applications would be denied on this basis. They also introduced a new and burdensome form – Form I-944 – as well as a long list of required documentation to be included in support of all I-485 applications.

This made applying for an I-485 extremely invasive and cumbersome – even applicants who had steady six-figure W-2 income had to submit reams of personal financial documents – but the rule also included clear documentary guidelines, and specific criteria for determining whether or not an applicant might become a public charge.

A federal court vacated the rule in 2021, and the Biden-led DHS subsequently released an updated rule that mostly restored the pre-Trump status quo.

What is changing now?

The new rule does away with all of the specific criteria and documentary requirements, and instead empowers USCIS officers to exercise discretion (based on yet-to-be-released guidance from USCIS) when determining whether or not a green card applicant might become a public charge. The rule also instructs officers to consider any means-tested public benefit (if that benefit was taken after the rule went into effect), which broadens the scope relative to prior versions of the rule.

Essentially, the rule leaves USCIS officers free to make a determination without regulatory guardrails. This will likely lead to more confusion, as applicants will be unsure of what documentation to submit and what standard to try to meet.

Will this lead to more denials?

Nothing in the rule states so plainly. However, without established standards to measure against, and with the new rule explicitly empowering them to use discretion, USCIS officers will be more able to issue denials, if that is consistent with guidance they receive from the administration.

When will we know more?

USCIS should eventually release the guidance it is providing to officers, at which point attorneys and applicants will be better able to prepare applications subject to the new rule. In addition, USCIS has indicated that a new version of Form I-485 is in the works, and that new form may offer additional information as well. Until then, if you have questions about how this may impact your case, we recommend that you speak with an attorney.

TAGS: I-485, Public Charge, USCIS