New Public Charge Rule Is Scheduled for September 18, 2026

The Department of Homeland Security changed its public charge rules. The change is scheduled to start on September 18, 2026. It gives immigration officers more freedom to look at the facts of each case.

What happened?

The Department of Homeland Security published a new final rule on July 20, 2026. The rule is called Public Charge Ground of Inadmissibility. U.S. Citizenship and Immigration Services, also called USCIS, is part of the department.

The new rule removes most of the public charge regulations from 2022. The department says the 2022 rules limited what immigration officers could review.

The final rule is scheduled to take effect on September 18, 2026.

Is anyone challenging the rule?

Yes. On September 14, 2026, a group of states and local governments filed a lawsuit asking a federal court to block the rule. The filing of a lawsuit does not tell us what the judge will decide. As of September 15, the official rule and USCIS guidance still list September 18 as the effective date.

Because this situation can change quickly, check for current information before filing or making an important decision.

What is public charge?

Public charge is one issue the government may review when deciding whether certain people can enter the United States or get a green card through adjustment of status.

There is no new, simple checklist. The department says officers will look at each person's full situation. In other words, the officer can look at the whole case.

What can an officer review?

The final rule says officers may consider:

• factors required by immigration law;
• whether the person received means-tested public benefits;
• other facts that are important in that person's case; and
• information about whether the person can support themselves.

This gives officers more freedom to decide what matters in each case. It also means that two people may not have the same result. A general article cannot tell you what will happen in your case.

Which applications are covered?

The new rule says it applies to:

• applications to enter the United States made on or after September 18, 2026; and
• adjustment of status applications mailed or filed online on or after September 18, 2026.

The date also matters when the government looks at public benefits. For the time before September 18, the rule points to public cash assistance for income maintenance and long-term care paid for by the government. Starting September 18, the rule says officers may consider any means-tested public benefits.

What should you know now?

The government plans to look at each case separately. A social media post or another person's story cannot tell you how the rule will affect you.

Your filing date may matter. September 18, 2026 is the dividing line in the final rule and the USCIS guidance. The pending lawsuit also means you should confirm the rule's current status close to the time you file.

If you are unsure what this means for you, have an immigration attorney review your facts before you make decisions about your case.

Worried about this change? Be prepared.

If you are worried about the new public charge rule, you do not have to figure it out alone. AG Law Firm can review your situation and explain what may need attention before you file.

Call (908) 336-7550, book a consultation through the AG Law Firm website, or use WhatsApp at +1 (908) 336-7550 if you are outside the United States. Please do not send confidential case details or identity documents by ordinary email.

This article provides general information, not legal advice. Every case is different. Viewing this article or contacting the firm does not create an attorney-client relationship.

Official sources

DHS final rule: Public Charge Ground of Inadmissibility ↗

USCIS Policy Manual: Public Charge Ground of Inadmissibility ↗

Massachusetts Attorney General: lawsuit filed September 14, 2026 ↗