Indian nationals applying for a US Green Card through adjustment of status will see an important change from September 18, 2026. The US Citizenship and Immigration Services (USCIS) is bringing in updated guidance on how officers assess whether a person is likely to become a “public charge” – broadly, someone who may become primarily dependent on government support.
The change follows a US Department of Homeland Security rule that removes the 2022 public-charge regulations and restores broader discretion to immigration officers. The new rule applies to covered adjustment-of-status applications filed on or after September 18.
For Indian applicants, particularly those applying through employment-based categories, the change is important because officers will look at a wider range of circumstances rather than focusing on a limited set of public benefits.
It applies to applications for adjustment of status that are postmarked or submitted electronically on or after that date. Applications filed before September 18 are generally handled under the rules applicable when they were filed.
A new Form I-485 will be required
Applicants filing Form I-485 from September 18 must use the new edition of the form dated September 18, 2026.
USCIS has said the earlier January 20, 2025 edition will not be accepted for applications submitted on or after the effective date. There is no grace period for continuing to use the old version.
USCIS will look at more than just income
Under the updated approach, officers will consider an applicant’s overall circumstances. The main factors include age, health, family situation, assets and financial resources, and education and skills. Employment history, job prospects and other relevant information can also be considered.
This means having a job or meeting a particular income level alone will not necessarily determine the outcome of the public-charge assessment.
Government benefits can receive more attention
The biggest change concerns the range of government benefits that officers can consider.
For benefits received on or after September 18, USCIS may consider means-tested public benefits as part of the overall assessment. These can include certain forms of cash assistance, housing assistance, food assistance and some financial aid for college.
However, receiving a benefit does not automatically mean that a Green Card application will be rejected. The assessment is based on the applicant’s overall circumstances.
Benefits received before September 18 are treated differently
According to the new framework, means-tested benefits received before September 18 will generally be considered under the earlier rules. For benefits received from September 18 onward, USCIS can consider a broader range of means-tested benefits.
Applicants should therefore maintain accurate records of any government assistance they have received.
The rule does not apply to everyone
USCIS lists several exempt categories, including refugees and asylees, certain Special Immigrant Juveniles, some victims of human trafficking or qualifying crimes, VAWA self-petitioners and certain applicants for Temporary Protected Status.
Therefore, applicants should first check whether the immigration category through which they are seeking permanent residence is covered by the public-charge rules.
Some employment-based Green Card applicants are covered
The change is particularly relevant to several employment-based categories. These include certain priority workers, professionals with advanced degrees or people of exceptional ability, skilled workers and professionals, certain other workers, investors and religious workers.
This makes the new assessment important for Indian professionals who are already in the US and are moving from temporary immigration status towards permanent residence.
USCIS will assess the whole picture
The new system is not designed around one test or one document. Instead, officers are expected to consider the relevant evidence together. Factors such as finances, employment prospects, education, family circumstances and health can be examined as part of the overall assessment.
This means applicants should keep their supporting documents organised and make sure information in their application is accurate and consistent.
A public-charge bond may be possible in some cases
In certain situations, an applicant found inadmissible solely because they are considered likely to become a public charge may be given an opportunity to post a bond.
However, applicants cannot simply file for such a bond on their own. USCIS must first invite the applicant to submit Form I-945, Public Charge Bond, through the relevant process.
The amount of the bond can take into account the government assistance the person could potentially receive over the following five years.
Indian applicants should prepare their documents carefully
For people planning to file a new I-485, immigration experts and current guidance point to the need for broader preparation.
Applicants should use the correct September 18, 2026 edition of Form I-485, keep records relating to income and assets, maintain employment and education records, and review their history of means-tested benefits.
Where Form I-864, Affidavit of Support, is required, applicants should also ensure that the form and supporting financial documents are complete and use the applicable edition.
What does this mean for Indian Green Card applicants?
The September 18 change does not mean that every Indian applicant who has received government assistance will lose their chance of getting a Green Card. Instead, USCIS will have a broader set of factors to consider when deciding whether a covered applicant is likely to become a public charge. The assessment will depend on the individual’s circumstances and immigration category.
The new rule is also facing legal challenges in the US. Those cases could affect how the policy is implemented in the future. For now, however, the September 18 effective date remains important for people preparing new adjustment-of-status applications.
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