Receiving SNAP or Medicaid? Here’s How the Public Charge Rule for Green Cards Is Changing

The Department of Homeland Security (DHS) has rescinded the 2022 Public Charge regulation and announced that a new standard will take effect on September 18, 2026.

The change could create uncertainty for individuals applying for lawful permanent residence (a Green Card) who receive public benefits such as SNAP or Medicaid.

Why it matters: Eliminating the current guidance leaves many immigrants without clear rules on how U.S. Citizenship and Immigration Services (USCIS) will evaluate the use of public benefits when deciding Green Card applications.

The Change Does Not Immediately Affect All Applications

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The DHS announcement rescinds the 2022 regulation that instructed USCIS officers on how to apply the Public Charge rule.

Until now, that policy established specific criteria for determining whether an applicant was likely to become dependent on government assistance in the future.

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The government said that a new policy will be published through the USCIS Policy Manual, although the updated guidance has not yet been released.

What’s changing: The new rules will take effect on September 18, 2026.

The deadline: Applications that are pending, filed, or postmarked on or before September 17, 2026, will continue to be evaluated under the 2022 regulation.

What Does the Public Charge Rule 2026 Mean for People Receiving Benefits?

The Public Charge rule is a ground of inadmissibility that the government may use to deny a visa or lawful permanent residence if it determines that an individual is likely to become primarily dependent on public benefits in the future.

According to the Immigrant Legal Resource Center (IRLC), receiving SNAP, Medicaid, or other public assistance does not automatically result in the denial of a Green Card application.

However, with the elimination of the 2022 guidance, it will become more difficult to predict how immigration officers will evaluate these cases once the new policy takes effect.

Who is affected? Primarily individuals applying for a Green Card through a family-based or employment-based petition while inside the United States.

What’s next? Immigrant advocacy organizations have indicated they may seek to challenge the DHS changes in court.

These Immigrants Are Not Subject to the Public Charge Rule 2026

The Public Charge provision does not apply to every immigration category.

According to DHS, the following applicants are exempt:

Asylum applicants.

Refugees.

U visa applicants.

T visa applicants.

Applicants under the Violence Against Women Act (VAWA).

Special Immigrant Juvenile Status (SIJS) applicants.

The rule also does not apply to individuals applying for:

U.S. citizenship (naturalization).

Deferred Action for Childhood Arrivals (DACA).

Temporary Protected Status (TPS).

Employment authorization.

New asylum applications.

Key fact: These immigration programs have their own eligibility requirements and are not subject to the Public Charge determination.

The Change May Also Affect Consular Processing

The Public Charge rule 2026 may also affect individuals applying for lawful permanent residence from outside the United States through a U.S. embassy or consulate.

Although the rescinded regulation governs applications filed within the United States, consular officers also evaluate whether an applicant is likely to become a public charge.

If you plan to complete consular processing, you should consult an immigration attorney or an accredited representative before leaving the United States.

What to remember: At this time, the government has not yet published the new criteria that USCIS will use after September 18, 2026.

What comes next: DHS has announced that additional details will be released in future updates to the USCIS Policy Manual.