If you are planning to apply for a marriage-based green card, an important immigration rule is changing.
On September 18, 2026, the Department of Homeland Security (DHS) will rescind the 2022 Public Charge Rule and implement a new framework for evaluating whether certain applicants are likely to become a public charge. USCIS will also require applicants to use a new edition of Form I-485 beginning on that date. These changes may affect how adjustment of status applications are reviewed.
What Is the Public Charge Rule?
When someone applies for a green card, USCIS may evaluate whether they are likely to become primarily dependent on the government for financial support in the future. This is known as the "public charge" ground of inadmissibility.
Not every green card applicant is subject to this rule, and many categories of immigrants are exempt.
What Is Changing?
The new regulation rescinds the 2022 Public Charge Rule and returns to a different legal framework that gives USCIS officers broader discretion when reviewing public charge issues. USCIS officers will continue to evaluate the totality of the circumstances when making a decision.
What Does This Mean for Marriage Green Card Cases?
Every case is different, but these changes make it more important than ever to properly prepare your application before filing.
Factors such as your financial situation, Affidavit of Support, household income, and supporting documentation may receive additional attention during the adjudication process.
If you have concerns about your income, are using a joint sponsor, or have questions about how the new rule may affect your case, it is important to speak with an experienced immigration attorney before filing.
Should You File Before September 18?
The answer depends on your individual circumstances.
For some couples, filing before the new rule takes effect may be beneficial. For others, additional preparation may strengthen the application. There is no one-size-fits-all answer, which is why every case should be evaluated individually.
Green Family Immigration Law Can Help
At Green Family Immigration Law, we help couples navigate the marriage green card process with confidence. We stay up to date on changes in immigration law so our clients can make informed decisions and avoid unnecessary delays.
