⚠️On August 18, 2026, USCIS provided detailed guidance on the concept of “public charge.”
✔️The public charge rule allows USCIS to assess whether a person is likely to become primarily dependent on certain government benefits in the future. Receiving public benefits does not automatically mean a person will be denied.
❗️USCIS must consider five main factors:
• age
• health
• family status
• assets, resources, and financial situation
• education and skills
✔️USCIS may also consider Form I-864, the Affidavit of Support, which is the sponsor’s financial commitment.
‼️What changes on September 18, 2026?
✔️Previously, the focus was primarily on:
• cash assistance to maintain income
• long-term stay in state institutions at the government expense
‼️Starting September 18, the list of benefits that may be considered will expand:
• cash assistance for low-income individuals
• housing assistance
• food stamps
• financial assistance for college education
• other similar income-based programs
⚠️Having Medicaid (in most cases), CHIP, SNAP, or housing assistance does not mean that a person will be denied a green card or visa. These benefits are simply one factor in the overall assessment.
‼️That’s why you can’t assess immigration risks based solely on someone receives government benefits. What matters is the person’s overall circumstances and the specific type of immigration case.
✅I’m Irina Lust, an immigration attorney with 18 years of experience. If you or your family receive government benefits and are concerned about how the public charge changes may affect your immigration process, don’t try to draw conclusions on your own. Schedule a consultation, and we’ll look at your specific situation and potential risks:
✉️ info@myimmigrationlawyerusa.com
📱 +1 (203) 451-3240 WhatsApp (text only!)
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