Used Medicaid or SNAP? The Public Charge Rules Changed Today for Green Card Applicants

By Max Stephani

A major change to the U.S. public charge rule took effect on September 18, 2026.

The Department of Homeland Security (DHS) rescinded the 2022 public charge regulation, removing the detailed limits that previously controlled which public benefits immigration officers could consider. The new framework gives officers broader discretion to look at an applicant’s use of means-tested public benefits, along with the applicant’s finances, family situation, health, education, skills and other relevant circumstances.

For immigrants applying for a green card through adjustment of status, the practical message is simple: the public charge review is broader than it was before September 18.

But that does not mean that using Medicaid, SNAP or another benefit automatically causes a green card application to be denied. The decision is still supposed to be based on the applicant’s circumstances as a whole.

The change is also being challenged in federal court, so the rules could change again.

What changed on September 18?

The public charge requirement itself is not new.

Under Section 212(a)(4) of the Immigration and Nationality Act, certain people seeking admission to the United States or adjustment of status can be found inadmissible if they are determined to be likely to become a public charge.

What changed is the regulatory framework used to make that determination.

Under the 2022 rule, DHS established specific definitions and limits on what officers could consider. In general, the review focused on certain public cash assistance for income maintenance and long-term institutional care paid for by the government.

The 2026 rule removes those detailed definitions and restrictions.

DHS says officers can now consider:

• The mandatory factors required by immigration law
• An applicant’s receipt of means-tested public benefits
• Other relevant, individualized facts and circumstances
• Information relevant to whether the applicant is likely to become a public charge

The rule took effect on September 18, 2026. For adjustment of status, it applies to applications postmarked or submitted electronically on or after September 18. For applications for admission, it applies to applications made on or after that date.

There is also an important transition rule: benefits received before September 18 continue to be considered under the 2022 framework. Benefits received on or after September 18 can be considered under the broader framework.

Why this matters for immigrants

The biggest difference is that there is no longer the same short regulatory list telling officers which benefits are off-limits.

That means programs such as Medicaid, SNAP and certain other means-tested assistance can potentially become relevant in a public charge assessment.

But “can be considered” does not mean “automatically disqualifies you.”

DHS has moved away from the previous bright-line framework and back toward a case-by-case assessment based on the totality of the circumstances.

That distinction matters.

Someone who temporarily receives assistance during a period of financial difficulty is not automatically in the same situation as someone whose overall circumstances suggest a long-term inability to support themselves.

How will an immigration officer make the decision?

The law requires officers to consider several core factors.

These include:

• Age
• Health
• Family status
• Assets, resources and financial status
• Education and skills

Where an Affidavit of Support is required, the Form I-864 can also be relevant to the assessment.

The Affidavit of Support is designed to establish that an intending immigrant has adequate financial support. Under the statute, the sponsor generally agrees to maintain the sponsored immigrant at an income level of at least 125% of the federal poverty guidelines while the affidavit remains enforceable.

The officer is therefore not supposed to look at one benefit in isolation.

The question is whether, considering the person’s circumstances as a whole, the person is likely to become a public charge.

Does using Medicaid or SNAP automatically hurt a green card application?

No.

The new rule gives officers broader discretion, but it does not create an automatic denial simply because an applicant has received a particular benefit.

This is one of the most important points to understand.

DHS itself said the new framework allows officers to make individualized, fact-specific decisions based on the totality of the circumstances.

For example, an applicant’s benefit use would be considered alongside factors such as income, assets, household circumstances, education and employment-related skills.

That does not mean benefit use is irrelevant. It means it is one part of a broader assessment.

What if you are applying for a green card through adjustment of status?

This is one of the groups most directly affected.

If you are in the United States and filing Form I-485 to adjust your status to lawful permanent resident, an application submitted on or after September 18, 2026 falls under the new framework.

If that describes you, pay attention to three things:

1. Make sure your financial information is accurate

Your income, assets, household circumstances and other financial information can matter.

Keep documentation that supports the information in your application, particularly if your financial situation is not straightforward.

2. Check your Affidavit of Support

If your case requires Form I-864, make sure the sponsor meets the applicable requirements and that the form is complete and supported by the required evidence.

A strong Affidavit of Support does not guarantee approval, but it is an important part of cases where one is required.

3. Do not assume that receiving a benefit means your application is doomed

The public charge test remains a broader assessment.

If you have received a means-tested benefit, understand how it fits into your particular circumstances rather than assuming the benefit alone determines the result.

What about benefits received before September 18?

This is an important detail that can easily get lost in headlines.

The new rule does not simply make every benefit you have ever received subject to the new standard.

DHS specifically states that receipt of means-tested public benefits before September 18, 2026 will be considered consistently with the 2022 rule.

Receipt of means-tested benefits on or after September 18 can be considered under the new framework.

So the date matters.

What if you already have a green card?

The public charge inadmissibility test is generally about people seeking admission or adjustment of status.

It is not a general rule that allows the government to cancel a green card simply because a permanent resident receives a public benefit.

There is, however, an important distinction for permanent residents who travel outside the United States.

A lawful permanent resident who has been outside the country for more than 180 days can be treated as an applicant for admission when returning. That can raise immigration issues that are different from an ordinary short trip abroad.

If you are a permanent resident with extended international travel plans, do not assume that the September 18 rule applies to you in the same way it applies to someone applying for a green card.

Does the public charge rule apply when applying for U.S. citizenship?

No.

Naturalization is not an application for admission or adjustment of status under the public charge inadmissibility provision.

The public charge test is therefore not part of the ordinary naturalization eligibility review.

Similarly, a routine green card renewal is not the same thing as applying for a green card for the first time.

However, immigration status and admissibility can involve different legal issues depending on a person’s history and circumstances. A green card holder facing a complicated immigration situation should not assume that the public charge rule is the only issue that matters.

What about benefits used by your children?

This is one of the areas where families should be particularly careful.

The 2026 rule removes the previous regulatory framework and gives officers broader discretion to consider relevant facts and circumstances.

That creates uncertainty for mixed-status families, particularly households where a noncitizen parent has a U.S. citizen child receiving benefits.

The question is not simply whether a child received a benefit. The broader issue is how the circumstances of the household and the benefit use could be relevant to the applicant’s individual public charge assessment.

This is an area where the new framework is less predictable than the 2022 rules.

If you are considering dropping health coverage or another benefit used by your child because you are worried about your green card application, get case-specific immigration advice before making that decision.

What benefits can be considered?

This is where the new rule is significantly different from the old one.

The 2022 regulations contained definitions and restrictions that limited the benefits officers could consider.

The 2026 rule removes those definitions and the previous regulatory list of public benefits.

DHS says officers may consider an applicant’s receipt of means-tested public benefits as part of the overall assessment.

That means immigrants should be cautious about relying on old articles or advice that simply says:

“This benefit never counts.”

That statement may have been accurate under the previous framework but is no longer a safe general assumption.

At the same time, the existence of broader discretion does not mean every government program is automatically treated as evidence that someone is a public charge.

The nature of the benefit, the circumstances surrounding its receipt and the applicant’s overall situation can all matter.

What about Social Security, Medicare and unemployment benefits?

Not every government payment is a means-tested welfare benefit.

Programs based on an individual’s work history or eligibility rules are different from programs designed specifically around financial need.

For example, Social Security and Medicare generally operate differently from means-tested programs such as SNAP or certain Medicaid programs.

Unemployment insurance is also different from traditional means-tested welfare because eligibility is generally connected to employment and prior contributions rather than simply household income.

The important point is not to create a new blanket rule in the opposite direction.

Under the 2026 framework, officers have broader discretion to consider relevant circumstances. If a particular benefit is important to your household, check the current rules rather than relying on a generic internet list.

Who is exempt?

The public charge ground does not apply to everyone seeking immigration benefits.

Federal immigration law contains exemptions for certain humanitarian and other categories.

These include categories such as:

• Refugees
• Asylees
• Certain applicants for T nonimmigrant status
• Certain applicants for U nonimmigrant status
• VAWA self-petitioners
• Special immigrant juveniles
• Certain other humanitarian and special immigrant categories

The exact exemption depends on the immigration category and the benefit being sought.

There is an important reason to check the category carefully: the 2026 rule removed the previous regulatory section containing a detailed list of public-charge exemptions and waivers, but that does not mean Congress eliminated every statutory exemption. The underlying immigration statutes still control who is subject to the public charge ground.

There is also a new forms issue

The September 18 change is not only about the public charge analysis.

USCIS is also changing the forms used in adjustment-of-status filings.

Applicants should make sure they are using the current edition of Form I-485 and the applicable current Affidavit of Support forms.

The key point is simple: do not assemble an I-485 package using an old checklist you found online several months ago.

USCIS form editions can change independently of the underlying immigration law, and USCIS can reject filings that use an outdated edition when the newer edition is required.

The Affidavit of Support forms affected by the changes include Forms I-864, I-864A and I-864EZ. The previous standalone Form I-864W exemption process has also been changed, with the exemption information incorporated into the adjustment-of-status process rather than relying on the old standalone form.

Check the USCIS form pages immediately before filing rather than relying on a third-party filing guide.

Should you stop using public benefits?

For many families, this is the question that matters most.

The answer should not be based on panic.

DHS itself acknowledged in the final rule that the change could lead people, including U.S. citizens in mixed-status households, to disenroll from benefits or avoid applying for them. DHS estimated that disenrollment or forgone enrollment could reduce federal and state transfer payments by billions of dollars.

That does not mean you should automatically cancel a benefit.

If you are legally eligible for a benefit, first determine whether your immigration category is subject to the public charge ground and how the benefit could fit into your individual circumstances.

For a family relying on health coverage, food assistance or other essential support, dropping the benefit without understanding the immigration consequences can create a separate financial or health problem.

The rule is already being challenged in court

The September 18 effective date does not mean the legal fight is over.

On September 14, 2026, a coalition of 22 states and the District of Columbia filed a federal lawsuit challenging the new rule. The states are asking the court to block the policy and argue that DHS exceeded its authority and violated the Administrative Procedure Act.

Separate local governments have also filed litigation challenging the rule.

As of September 18, the rule has taken effect as scheduled. But a court order could change how or whether it remains in force.

That means this is one immigration issue where the situation can change quickly.

What green card applicants should do now

If you are preparing an adjustment-of-status application, focus on the things you can control.

Check your immigration category. Determine whether the public charge ground applies to you or whether your category is exempt.

Use current forms. Check USCIS immediately before filing for the current I-485 and Affidavit of Support editions.

Document your finances. Keep evidence of income, assets and other financial circumstances that are relevant to your application.

Review your Affidavit of Support. If Form I-864 is required, make sure the sponsor and supporting documentation meet the applicable requirements.

Do not hide benefit use. Immigration forms should be completed accurately. Do not omit information simply because you think it could create a problem.

Do not cancel essential benefits based on social media advice. If you or your children rely on Medicaid, SNAP, CHIP or another program, understand how the new rule applies to your specific immigration category before making a decision.

Watch the court cases. The September 18 rule is being challenged, and a court order could change the situation.

The bottom line

The September 18, 2026 change makes the public charge review less predictable for many green card applicants.

The biggest change is not that one particular benefit now automatically causes a green card denial. The bigger change is that DHS has removed the detailed 2022 framework that limited what officers could consider.

Officers now have broader discretion to consider means-tested public benefits together with the applicant’s age, health, family situation, financial resources, education, skills and other relevant circumstances.

For applicants, that means old public-charge checklists may no longer be reliable.

It also does not mean that every immigrant who receives a government benefit will be denied a green card.

If you are filing Form I-485 now, use the current forms, understand whether the public charge ground applies to your category, keep good financial records and check for any new court orders before filing.

And if a benefit is essential to your family’s health or finances, do not make an irreversible decision based on a headline. Get advice based on your actual immigration category and circumstances.

Key facts

Sources

• DHS, Public Charge Ground of Inadmissibility, final rule, 91 FR (Doc. 2026-14539), effective September 18, 2026.
• USCIS, Policy Manual, Volume 8, Part G (Public Charge Ground of Inadmissibility).
• USCIS, New edition of Form I-485; older editions rejected starting Sept. 18.
• Office of the Vermont Attorney General, Coalition of 22 states and D.C. sues to block the public charge rule (September 14, 2026).
• Immigrant Legal Resource Center, Latest on Public Charge.

This article is general information, not individual legal advice. Immigration rules and court orders can change quickly. Check the current USCIS guidance and your specific immigration category before you file or make a decision about benefits.