USCIS Public Charge Rule Update 2026: Form I-485

The U.S. Department of Homeland Security (DHS) has announced a significant update affecting future Green Card applicants. USCIS has issued a final rule rescinding the 2022 public charge regulation and restoring broader authority for immigration officers to evaluate an applicant’s overall circumstances when determining whether they may become a public charge.

The new rule will become effective on September 18, 2026. USCIS has also announced that a revised version of Form I-485, Application to Register Permanent Residence or Adjust Status, will be required after the effective date. Older versions submitted after the effective date may not be accepted.

What Is the Public Charge Rule?

The public charge rule is a provision under the Immigration and Nationality Act (INA) that allows the U.S. government to determine whether an individual applying for admission, a visa, or adjustment of status to permanent resident is likely to become dependent on government assistance.

In simple terms, USCIS evaluates whether an applicant is likely to be financially self-sufficient after receiving immigration benefits.

What Changed in the 2026 USCIS Public Charge Update?

Under the previous 2022 regulation, USCIS officers had more limited guidance regarding which factors and benefits could be considered during a public charge determination.

The new DHS rule restores broader discretion, allowing USCIS officers to review:

  • Financial circumstances
  • Employment history
  • Education and skills
  • Assets and resources
  • Family circumstances
  • Other relevant factors on a case-by-case basis

According to DHS, the purpose of this change is to ensure that individuals seeking permanent residence demonstrate self-reliance and do not become dependent on taxpayer-funded government benefits.

Green Card Applicants can apply for a SSN during I-485

Green Card applicants are now able to apply for a Social Security number (SSN) or replacement card as part of the I-485 application process as per the USCIS news dated on Aug. 9, 2021.

Previously, Green card applicants were required to submit a separate application for an SSN at a Social Security office. USCIS has updated Form I-485, Application to Register Permanent Residence or Adjust Status, to append the additional questions required to apply for a Social Security Card at the same time.

After approval of I-485 for the Green Card applicant, USCIS will electronically furnish the data to the SSA. Upon receiving the data, Social Security Administration (SSA) will issue automatically an original SSN card.

USCIS Partnership with SSA will not increase the fee for Form I-485, Application to Register Permanent Residence or Adjust Status. USCIS receives about 576,000 Forms I-485 annually.

USCIS Updated I-485 Form

https://www.uscis.gov/sites/default/files/document/forms/i-485.pdf

Green card applicants can apply for a Social Security Number issued by the US SSA during I-485 process

Social Security Number Card

I-944 (Declaration of Self Sufficiency) Discontinued from March 9, 2021

Note: As per USCIS info, Beginning from March 9, 2021, GC applicants should not be required to file Form i-944, Declaration of Self Sufficiency, or any evidence or documentation necessary on that form with their Form I-485, Adjustment of Status. Form I-944 has been discontinued.

Please go through I-944 Form USCIS Instruction for more detailed information on this newly added form in 2020.

According to USCIS

  • Form I-944, “Declaration of Self-Sufficiency” is used by an individual to demonstrate that he or she is not inadmissible based on the public charge ground (Immigration and Nationality Act (INA) section 212(a)(4)). In other words, the form is used by Green Card applicants to provide information about their financial situation.
  • If you file the form I-485, Adjustment of Status, you should submit Form I-944 to USCIS.
  • If you are exempt from the Public charge ground of inadmissibility as per criteria setup by USCIS, you do not need to file Form I-944.  
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