DHS Rescinds 2022 Public Charge Rule: Broader Review Effective September 18

The Department of Homeland Security (DHS) has published a final rule rescinding the 2022 public-charge regulation, fundamentally shifting how U.S. Citizenship and Immigration Services (USCIS) will evaluate whether an applicant is likely to become dependent on the government. Effective September 18, 2026, the new policy removes the restrictive framework of the 2022 rule, which limited the types of public benefits officers could consider. Instead, USCIS adjudicators are now directed to use broad discretion to assess all pertinent facts and circumstances on a case-by-case basis when determining an applicant's likelihood of becoming a public charge. This return to a broader totality-of-the-circumstances test means officers will evaluate a wider array of financial, health, educational, and familial factors during the adjustment of status process. To implement this change, USCIS is issuing a revised Form I-485, Application to Register Permanent Residence or Adjust Status. The agency has explicitly stated that older versions of Form I-485 postmarked or submitted electronically on or after September 18, 2026, will be rejected. Applicants and their sponsors must prepare for heightened scrutiny of their financial independence and ensure they are using the correct forms for any upcoming filings. Because benefit histories and financial evidence can be fact-specific, applicants should not assume the new standard treats every circumstance alike.