US Rescinds 2022 Public Charge Rule for Green Cards
The Department of Homeland Security officially implemented the change on September 18, 2026.
Updated on Oct. 21, 2026 in Immigration
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The U.S. government has rescinded the 2022 public charge regulation governing Green Card applicants. The rule change, which was officially announced on July 16, 2026, took effect on September 18, 2026.
Why it matters
The administration aims to uphold the rule of law and protect American taxpayers from subsidizing individuals who may become primarily dependent on government public benefits. This shift standardizes the evaluation process for those seeking permanent residency.
The federal government officially rescinded the 2022 public charge regulation, mandating that USCIS officers evaluate status on a case-by-case basis. Applicants must now use the revised Form I-485 for all residency submissions postmarked on or after September 18, 2026.
The players
Department of Homeland Security
This federal executive department is responsible for public security, including the management of immigration policies and border enforcement.
USCIS
The United States Citizenship and Immigration Services is the agency within the Department of Homeland Security that oversees lawful immigration to the United States.
The details
Immigration officers now conduct evaluations by reviewing all relevant applicant facts to determine if an individual may become dependent on public support. Consequently, USCIS will reject any older versions of Form I-485 that are postmarked on or after the September 18, 2026, implementation date.
Timeline
July 16, 2026: The Department of Homeland Security announced the final rule rescinding the 2022 regulation.
September 18, 2026: The new public charge rule took effect, and USCIS mandated the use of the revised Form I-485.
Political Context
This rescission represents a shift away from the framework established by the 2022 public charge regulation, which faced significant scrutiny from immigration advocates who argued the policy created barriers for low-income applicants. Opposition groups contend that removing these specific requirements may undermine efforts to ensure financial self-sufficiency among those seeking permanent residency.
Individuals currently preparing to file for permanent residence must ensure they submit the updated version of Form I-485 to avoid rejection by USCIS. Failure to use the correct documentation postmarked on or after September 18, 2026, will result in the form being returned or denied by federal officials.
The takeaway
Applicants should verify their paperwork requirements directly with official government portals before mailing their files. Staying informed about the specific version of Form I-485 required is essential for a smooth residency application process.
Further reading
For more context on current border and residency policies, visit the United States Immigration section.
Source note: This article includes information reported by Legit.ng - Nigeria news..
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Should the U.S. prioritize an applicant's potential financial self-sufficiency when deciding Green Card eligibility?
