Public Charge Rule in 2026: Complete Guide to the New Changes

The public charge rule is back in the national conversation, and the latest changes could affect millions of immigrants applying for green cards and visas. After years of shifting policies, from the 1999 field guidance, to the 2019 expanded rule, to the 2022 rollback, the Department of Homeland Security has proposed a new framework in late 2025 that may significantly reshape how public charge is evaluated in 2026.

For many immigrants, this raises urgent questions:

Will using public benefits hurt my case?
Am I exempt?
Should I stop receiving assistance?

Misinformation about public charge often causes people to withdraw from benefits they are legally allowed to receive, sometimes putting their families’ health and stability at risk unnecessarily.

This guide from Law Group International explains:

What the public charge rule actually means
What has changed in 2026
Who is affected and who is exempt
How to protect your immigration case

Public charge is complex, but with the right legal guidance, you can make informed decisions that protect both your family and your future.

What is the Public Charge Rule?

The public charge rule is a ground of inadmissibility in U.S. immigration law. It allows immigration officials to deny a green card or visa if they determine that a person is likely to become primarily dependent on government assistance.

This concept dates back to the Immigration Act of 1882, but how it is interpreted has changed over time.

Public charge most commonly affects:

Adjustment of status applicants (Form I-485)
Immigrant visa applicants at U.S. consulates abroad

It generally does not apply to naturalization (citizenship).

Immigration officers evaluate public charge using a “totality of the circumstances” test, which may include:

Age
Health
Family size
Income and assets
Education and skills
Affidavit of Support (Form I-864)

The key question is not whether you have ever used a benefit, but whether the government believes you are likely in the future to depend primarily on public assistance.

What Changed in 2026? The New Public Charge Rule

As of early 2026, DHS has proposed changes that would expand how public charge is evaluated compared to the 2022 guidance. Because this is a rapidly evolving area, applicants should confirm the current implementation status before filing.

Under the proposed framework, the following benefits may be considered in a public charge analysis:

Medicaid (with certain exceptions)
SNAP (food stamps)
Federal housing assistance, including Section 8
Supplemental Security Income (SSI)

This marks a shift from the narrower 2022 policy.

Totality of Circumstances Factors

Officers may weigh:

Income level
Employment history
Credit history and debts
Education and job skills
Health insurance coverage

Income Thresholds

A key issue is whether applicants meet:

125% of the Federal Poverty Guidelines (minimum standard)
250% of the Federal Poverty Guidelines (strong positive factor under prior frameworks)

Higher income and stable employment can significantly strengthen a case.

Key Differences from Prior Policies

Compared to the 2019 rule, the proposed 2026 framework:

Uses a totality test rather than a strict point system
Still considers multiple public benefits
Places renewed emphasis on income and self-sufficiency evidence

Compared to the 2022 guidance, it expands the list of benefits that may be reviewed.

Who Does the Public Charge Rule Apply To?

Public charge primarily affects:

Green card applicants filing Form I-485
Immigrant visa applicants processing through a U.S. consulate
Some applicants seeking extensions or changes of status

It does not apply to everyone.

Many immigrants worry about public charge when it does not affect their case. Determining whether the rule applies depends on the specific immigration category.

Who is Exempt from Public Charge?

This is one of the most important sections for many Law Group International clients.

The public charge rule does not apply to:

Refugees
Asylees
U-visa applicants and holders
T-visa applicants and holders
VAWA self-petitioners
Special Immigrant Juveniles (SIJS)
Certain TPS applicants
Afghan and Iraqi special immigrants

If you are applying under one of these categories, using public benefits will not trigger a public charge denial.

This is why it is critical to understand your immigration pathway before making decisions about benefits.

How to Protect Your Immigration Case

Document Your Employment and Income

Maintain:

Pay stubs
Tax returns
Employment verification letters

Consistent work history is a strong positive factor.

Understand Which Benefits Matter

Not all benefits are treated the same. Some may be considered, others are exempt, and some depend on your immigration category.

Never stop receiving benefits without first speaking to an immigration attorney.

Affidavit of Support (Form I-864)

A strong sponsor with sufficient income can help overcome public charge concerns.

Prepare for Self-Sufficiency Review

If required, documentation may include:

Assets and savings
Health insurance
Education and job training

Consult an Immigration Attorney

Public charge is highly case-specific. Decisions about benefits should always be made with legal guidance.

The attorneys at Law Group International regularly advise clients on how to structure their cases to minimize public charge risk.

Frequently Asked Questions About Public Charge

Does using Medicaid affect my green card?

It depends on your immigration category and the type of Medicaid. Many applicants are exempt, and certain emergency or pregnancy-related Medicaid may not be counted.

Is the new rule already in effect?

Implementation is evolving. Always verify the current policy before filing your application.

Does public charge affect citizenship?

No. Public charge does not apply to naturalization.

Do benefits received by my U.S. citizen children count against me?

Generally, no. Benefits received by qualifying U.S. citizen children are not considered your benefits.

Can a strong Affidavit of Support help?

Yes. A qualified sponsor can be a significant positive factor.

Should I cancel my benefits?

Do not cancel benefits without speaking to an immigration attorney. You may be exempt.

Get Legal Guidance Before Making Decisions

The public charge rule is complex, and the consequences of misunderstanding it can be severe. Many immigrants harm their own cases by relying on misinformation or by giving up benefits they are legally allowed to receive.

The most important steps you can take are:

Confirm whether public charge applies to your case
Understand which benefits are safe
Document your income and employment
Seek legal advice before making changes

If you are concerned about how the public charge rule affects your immigration case, the attorneys at Law Group International are here to help.

Attorneys Khalid and Daniela serve clients across Virginia, Washington, DC, and Maryland. They can review your specific situation and help you build a strategy that protects your future.

Call (703)5495445 or schedule a consultation at Law Group International to get personalized guidance.

Your immigration journey deserves accurate information, and a legal team that knows how to protect it.