US green card rules change Sept 18: New checks applicants must know

USCIS will assess age, health, finances, family status, education and public benefits under the revised public charge test.

For Indian applicants waiting to file their US green card applications, the change coming into force on September 18 could mean a closer look at their finances, health, family circumstances and use of government benefits.

 

The US Citizenship and Immigration Services (USCIS) will begin applying a broader “public charge” assessment to certain applications for permanent residence through adjustment of status. The change follows a Department of Homeland Security (DHS) final rule rescinding the 2022 public charge regulations.

 

For Indians, who make up a large share of employment-based green card applicants waiting in the US immigration backlog, the practical impact will be particularly relevant when preparing a new Form I-485.

  

What changes from September 18?

Under the revised framework, USCIS officers will assess whether an applicant is likely to become a “public charge” by looking at the applicant’s overall circumstances rather than focusing on one factor in isolation.

 

The five factors officers must consider are:

 

• Age
• Health
• Family status
• Assets, resources and financial status
• Education and skills

 

USCIS can also consider other relevant circumstances, including employment history and future employment prospects. The DHS rule says the broader assessment is intended to give officers discretion to consider all pertinent facts when making a public-charge determination.

 

This does not mean that an applicant who has received government assistance will automatically be refused a green card. Instead, the benefit received can form part of the wider assessment of the applicant's circumstances.

 

Government benefits will face wider scrutiny

 

The change also expands the types of means-tested public benefits that USCIS can consider.

 

For benefits received on or after September 18, officers may consider a wider range of assistance, including certain cash, food and housing-related benefits.

 

Benefits received before September 18 will generally be assessed under the earlier framework, which focused on public cash assistance for income maintenance and long-term institutionalisation at government expense.

 

This distinction is important for applicants who have already used government programmes and are now preparing their green card filings.

 

The lawsuits challenging the rule also argue that the wider definition could discourage immigrants from accessing benefits for which they are legally eligible. The Trump administration, meanwhile, has defended the policy as a way to encourage self-sufficiency.

 

New I-485 form is also important

Applicants filing Form I-485 from September 18 will need to use the revised edition dated 09/18/26.

 

The earlier edition will no longer be accepted for applications postmarked or electronically submitted on or after the effective date. Immigration-law specialists have noted that USCIS is not providing a transition or grace period for the old form.

 

For Indian applicants preparing a filing, this makes checking the form edition particularly important. An otherwise complete application could face rejection if the wrong edition is submitted.

 

Who is covered and who is exempt?

 

The public-charge ground does not apply to every green card applicant.

 

Many employment- and family-based applicants can be subject to the assessment, but several categories are exempt. These include certain refugees and asylees, special immigrant juveniles, VAWA self-petitioners and certain victims of human trafficking or qualifying criminal activity.

 

Where required, USCIS can also consider Form I-864, Affidavit of Support, which is used to demonstrate financial sponsorship.

 

In certain cases, an applicant found inadmissible solely because they are considered likely to become a public charge may be offered an opportunity to post a public-charge bond. The bond is not something an applicant can simply submit in advance; USCIS must first determine that the applicant is eligible for the option.

 

What should Indian applicants do?

 

Those preparing a new I-485 should review their application more broadly than simply checking whether they have received government benefits.

 

They should:

 

Use the 09/18/26 edition of Form I-485 for filings from September 18;

 

Keep documents showing income, assets and financial resources;

 

Maintain records of employment history, education and skills;

 

Review any history of means-tested public benefits; and

 

Ensure Form I-864 is complete and uses the applicable edition, where required.

 

Applicants whose I-485 cases were filed before September 18 will generally continue to be adjudicated under the rules applicable to their filing.

 

The new rule is also being challenged in court. States, cities and counties have sued to block it, arguing that the expanded public-benefits assessment could make it harder for some immigrants to obtain permanent residence. The litigation remains pending, so the position could change if a court intervenes.

 

For now, however, the September 18 implementation means Indian applicants filing new adjustment-of-status applications will need to prepare for a broader examination of their financial and personal circumstances.