Public Charge Changes Begin September 18, 2026: What Family-Based Green Card Applicants Need to Know

Beginning September 18, 2026, an important change will affect many people applying for family-based green cards.

If you are planning to apply for a marriage-based green card, Adjustment of Status, or are in the United States on a K-1 fiancé(e) visa, you may have heard about changes to the “public charge” rule. While the public charge requirement itself is not new, the way USCIS will evaluate it is changing.

In this article, I’ll explain what public charge is, what is changing, who is affected, and why timing may matter if you are preparing to file your application.

What Is Public Charge?

The public charge ground of inadmissibility has been part of U.S. immigration law for well over a century. Its purpose is to allow immigration officials to determine whether someone is likely to become primarily dependent on the government for financial support in the future.

For most family-based immigration cases, this requirement has traditionally been addressed through the Form I-864, Affidavit of Support. In most marriage-based cases, the U.S. citizen or lawful permanent resident petitioner demonstrates that they have sufficient income to financially support the intending immigrant. If necessary, a joint sponsor can also help satisfy the financial requirements.

For many years, family-based applicants and their attorneys have had a relatively clear framework for understanding how USCIS evaluates this requirement.

What Is Changing on September 18?

The public charge requirement itself is not changing.

What is changing is the framework USCIS will use when evaluating whether an applicant is likely to become a public charge.

Beginning September 18, USCIS will rescind the 2022 public charge regulations and begin applying a new framework that gives immigration officers greater discretion when making these determinations.

Although USCIS has announced this policy change, we are still waiting for additional guidance, including updated application forms, revisions to the USCIS Policy Manual, and further information about how officers will apply the new standard in practice.

Whenever immigration decisions become more discretionary and less predictable, it creates additional uncertainty for applicants. As with several recent immigration policy changes, we expect more details to emerge over the coming weeks and months.

Who Does This Change Affect?

For the clients I serve, these changes primarily affect:

Marriage-based Adjustment of Status applicants
K-1 fiancé(e) visa holders applying for Adjustment of Status after marriage
Other family-based Adjustment of Status applicants
Family-based immigrant visa applicants processing through U.S. embassies and consulates abroad

These changes generally do not apply to:

Removal of Conditions (Form I-751)
Naturalization (Form N-400)

If you already have a pending Removal of Conditions or Naturalization application, this particular policy change generally does not affect your case.

Should You File Before September 18?

If you are already preparing to file your Adjustment of Status application and are otherwise ready to submit, it may be beneficial to file before September 18 so your application is reviewed under the current framework.

That does not mean everyone should rush to file an incomplete application. Every case is different, and filing before you are fully prepared can create its own problems.

The right strategy depends on your individual circumstances. If you are unsure whether filing before September 18 is appropriate for your case, it is worth discussing your options with an experienced immigration attorney.

If You’re Already Our Client

If you are currently a client of Immigration for Couples, there is no need to panic.

We are actively monitoring these policy changes and reviewing cases that may be affected. For clients in the Adjustment of Status phase, we have already contacted those for whom filing before September 18 is recommended. Unless our office has reached out to you, there is no change to the legal strategy for your case at this time.

As USCIS releases additional guidance and updated forms, we will continue to adapt our strategy as needed and keep our clients informed.

Watch the Video

If you’d like a concise overview of these changes, watch my video below, where I explain what is changing, who is affected, and what steps family-based applicants should consider before September 18.

Need Help With Your Marriage Green Card?

If you are planning to file a marriage-based green card or Adjustment of Status application and would like advice tailored to your specific situation, we’d be happy to help.

Schedule a consultation here.