Green Card gives permanent residency to an immigrant in the US. But no one should obtain that residency if they rely on taxpayers’ money and use benefits like Medicaid, food stamps, housing etc. The Trump administration issued this new rule, which will allow immigration officers to deny a Green Card if they think that the applicant is likely to be dependent on the government.
What is the new Green Card rule?
- On July 16, 2026, DHS canceled the 2022 public charge rule and issued a new final rule.
- The public charge rule allows immigration officers to deny a visa or Green Card if they determine that an applicant is likely to become primarily dependent on the US government for financial support.
- According to DHS, the 2022 rule was inconsistent with Congress’s intent, was too restrictive, and limited the officers’ ability to make accurate public charge determinations.
- The new rule will restore broader discretion for immigration officers to evaluate whether an applicant is likely to become a public charge.
- It will allow officers to consider all relevant facts and circumstances when making the crucial Green Card decision.
- USCIS will publish a revised Form I-485. The older editions of Form I-485 submitted or postmarked on or after September 18, 2026 will not be accepted.
- The new rule will come into effect on September 18, 2026.
- Green Card applicants will have to prove that they will not become burdens.
History of the new rule
The Trump administration first promoted the rule in 2018 as a way to ensure that only those who were self-sufficient came to the US Immigrant rights advocates criticized it, saying it amounted to a “wealth test.”The policy was first implemented in February 2020 during the first term of Trump’s presidency. But it was reversed by Joe Biden. The federal government “is reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers,” US Citizenship and Immigration Services said in a post published on its X account.
