Got a green card application in the works? A family petition sitting somewhere? A visa case waiting at a consulate overseas? This fall brought two big changes, and you need to know about both. On September 18, 2026, USCIS started applying a stricter public charge test to green card applications filed here in the U.S. Almost at the same time, a federal court struck down a policy that had frozen immigrant visa processing for people from 75 countries. But here’s the thing — that fight isn’t over. Not even close. This touches family members waiting abroad, employment-based green card applicants, sponsors footing the bill, and anyone with a pending Form I-485 or immigrant visa case. Sound like you? Then the move right now is simple: figure out exactly which rule applies to your filing date, and get your documentation locked down before you file anything new.
Background: What Changed and When
Public charge rule (effective September 18, 2026). Public charge — you’ll hear this term a lot. It’s just legal shorthand for someone the government decides is likely to lean mainly on certain government benefits. On July 16, 2026, DHS announced a final rule that rescinds the 2022 Biden-era public charge inadmissibility regulations, and the final rule was formally published in the Federal Register on July 20, 2026, and goes into effect on Sept. 18, 2026. USCIS is issuing updated guidance in the USCIS Policy Manual explaining how the agency will determine whether an alien applying for adjustment of status to that of a lawful permanent resident is likely at any time to become a public charge. We’ve seen rule changes before. This one matters.
Here’s what’s different under the new standard: USCIS guidance makes it clear that the agency will consider many more public benefits when assessing public charge, including any means-tested benefit such as Medicaid, food stamps, and housing assistance, among others. And it doesn’t stop at the applicant. Adjudicators may consider the means-tested benefits that certain family members of applicants receive, even where the applicant doesn’t receive benefits themselves. That’s a much wider net than before. Worth paying attention to.
The filing date controls which rule applies. USCIS will apply the new guidance to I-485 applications postmarked or electronically submitted on or after September 18, 2026, while applications filed from December 23, 2022, through September 17, 2026, will continue to be adjudicated under the 2022 public charge rule and related guidance. USCIS also updated the form itself, so Form I-485 was revised as part of the new public charge policy, and the revised form asks applicants for broader information about whether they have applied for, been approved or certified to receive, or received means-tested public benefits.
The Affidavit of Support (Form I-864), which a sponsor signs promising financial responsibility for the immigrant, now carries less automatic weight. The 2022 regulations directed officers to give a sufficient Affidavit of Support favorable consideration, but the 2026 final rule removes that instruction. The income floor sponsors must meet has not changed: USCIS still requires the sponsor’s household income to reach at least 125 percent of the federal poverty guidelines for the household size, plus the number of immigrants sponsored, while active-duty military sponsors need to reach only 100 percent.
Travel-ban visa litigation. Separately, in January 2026 the State Department paused immigrant visa issuance for a large group of countries. In January, the State Department paused the issuance of immigrant visas from almost 40% of the world’s nations – including Brazil, Colombia, Egypt, Haiti, Somalia and Russia – in a move that it said would prevent the entry of people who would “take welfare and public benefits.” On August 21, 2026, a federal judge struck that policy down. A United States judge ruled that the policy exceeded Secretary of State Marco Rubio’s statutory authority, calling it “patently unlawful” and finding it conflicted with federal immigration law, which stripped the secretary of state of authority over consular officers’ adjudication of immigrant visas. The court’s remedy reached existing denials: the court vacated and set aside visa denials based solely on this 75-country policy, ordering the U.S. Department of State to resume individualized, case-by-case evaluations.
This case, known as CLINIC v. Rubio, is still active. On September 10, 2026, the government filed a notice of appeal challenging the district court’s judgment, though the district court’s order and judgment legally remains in effect unless stayed pending appeal. Importantly, this ruling is narrower than it may sound. The ruling does not affect Presidential Proclamation 10998, a separate measure that suspends entry for nationals of 39 countries, which took effect on January 1, 2026, and remains in force.
How This Affects Green Card and Visa Applicants
Family-based petitioners and spouses, parents, and children abroad. If your relative’s immigrant visa case was frozen or denied because of the 75-country policy, the court order technically restores case-by-case review, but the practical timeline is uncertain. Consular posts have not yet published new processing guidance, so patience and documentation matter. Families pursuing petitions such as I-130s should review how these developments interact with family-based immigration cases, since sponsor finances and Affidavit of Support strength now matter more than before.
Adjustment of status applicants inside the United States. Anyone filing Form I-485 on or after September 18, 2026, faces a broader, more discretionary review of income, benefit history, health, age, skills, and family situation. Employment-based applicants working through employment-based visa categories, including those pursuing an EB-2 or national interest waiver green card or an EB-3 green card through PERM labor certification, should confirm which framework applies to their case based on filing date.
Investors and business owners. Public charge determinations generally apply to adjustment of status rather than nonimmigrant business visas, but investors moving toward permanent residence, including through an EB-5 investor green card, should still review how expanded benefit scrutiny could touch dependent family members filing alongside them.
Nationals of the 75 previously listed countries. If a visa was denied citing the pause, that denial can generally be revisited, but that does not mean every applicant who was previously denied will now be automatically approved, since applicants may still face other legal requirements, background checks, inadmissibility grounds, or case-specific concerns.
What You Should Do Now
- Confirm your filing date. If your I-485 was postmarked or e-filed before September 18, 2026, it is generally evaluated under the more favorable 2022 rule, even if the interview happens later.
- Use the current form edition. USCIS revised Form I-485 in connection with the new rule; older editions may be rejected for filings on or after the effective date.
- Document your sponsor’s finances thoroughly. Because the Affidavit of Support no longer receives automatic favorable weight, sponsors should gather tax returns, pay stubs, and asset records, and consider a joint sponsor if income is close to the 125% poverty guideline threshold.
- Preserve every document tied to a prior visa denial. If your case was affected by the 75-country pause, keep refusal notices, 221(g) letters, and any consulate correspondence in case reconsideration becomes available.
- Do not assume processing has resumed automatically. Check for updated State Department guidance for your specific consulate before making travel plans or assuming your case is moving.
- Watch the appeal. Because the government has appealed the CLINIC v. Rubio ruling, the legal landscape could shift again; build your case file as if scrutiny will continue.
How Tez Law P.C. Can Help
Tez Law P.C. reviews pending and upcoming immigration filings to help clients understand which public charge framework applies to their case and what documentation supports a strong Affidavit of Support. The firm also monitors developments in the CLINIC v. Rubio litigation and related consular processing changes for clients with family-based or employment-based visa cases pending abroad. For readers exploring broader options, the firm’s immigration law services cover family petitions, employment sponsorship, investor visas, and removal defense.
Frequently Asked Questions
Does the new public charge rule apply to my pending green card case?
It depends on your filing date. Applications postmarked or e-filed before September 18, 2026 are generally decided under the earlier, narrower 2022 rule, while applications filed on or after that date fall under the new, broader guidance.
Is the 75-country visa ban completely gone?
A federal judge vacated the policy on August 21, 2026, but the government filed a notice of appeal on September 10, 2026, and the case remains open. The ruling technically remains in effect unless a higher court issues a stay, so status can still change.
Does this ruling affect the separate 39-country entry ban?
No. The court ruling in CLINIC v. Rubio addressed only the State Department’s 75-country immigrant visa pause and does not affect Presidential Proclamation 10998, a separate entry ban for nationals of 39 countries that remains in force.
What benefits now count against a green card applicant under the new public charge rule?
The updated guidance allows USCIS to weigh many more means-tested benefits, including Medicaid, SNAP, and housing assistance, along with certain benefits received by household members. Officers generally still look at the totality of an applicant’s circumstances rather than any single factor.
If my family member’s visa was denied under the 75-country ban, will it automatically be approved now?
Not automatically. The court set aside denials based solely on that policy and ordered a return to individualized review, but applicants may still face other eligibility requirements, background checks, or public charge concerns on a case-by-case basis.
Immigration rules are shifting quickly this fall, and a filing made a few days too late or too early can change which standard applies to your case. If you have a pending or upcoming green card application, a family petition affected by consular delays, or questions about how these changes may affect your situation, you can schedule a consultation with Tez Law P.C. to review your options.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact Tez Law P.C. at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.