By Benson Daniel
The United States government is set to introduce stricter rules for assessing whether certain immigrants applying for permanent residency are likely to become dependent on government assistance, with the revised public charge policy taking effect on September 18, 2026.
The new policy follows a final rule issued by the Department of Homeland Security and formally published in the Federal Register on July 20. It rescinds the 2022 regulations governing public charge determinations and gives immigration officers broader discretion to assess an applicant’s overall circumstances.
Under the revised framework, officers will examine several factors when determining whether an applicant is likely to become a public charge. These include age, health, family circumstances, financial resources, assets, income, education and skills.
The assessment will be based on the totality of an applicant’s circumstances rather than on a single factor. This means that receiving a particular form of government assistance would not automatically result in the rejection of a Green Card application.
However, the new approach expands the range of means tested public benefits that immigration officials may consider when assessing eligible applicants. Benefits received on or after September 18 will be examined under the broader framework, while benefits received before the effective date will generally continue to be considered under the existing rules.
The changes are expected to affect certain applicants seeking adjustment of status to become lawful permanent residents, particularly those applying through family or employment based routes.
Several categories remain exempt from the public charge requirement. These include refugees and asylees, certain victims of human trafficking and qualifying criminal activity, special immigrant juveniles and some applicants under the Violence Against Women Act.
The revised policy also retains a public charge bond mechanism. Where an immigration officer determines that an applicant is inadmissible solely because the person is likely to become a public charge, the applicant may be invited to post a financial bond.
The amount of the bond will depend on the circumstances of the case, including the government assistance the applicant could potentially receive over a specified period.
The rule will apply to Form I-485 applications for adjustment of status that are postmarked or submitted electronically on or after September 18, 2026. Applications submitted before that date will generally be assessed under the existing framework.
The development is likely to attract significant attention among immigrants and prospective Green Card applicants, including Nigerians living in the United States or preparing to apply for permanent residency.
Immigration advisers have urged applicants who may be affected by the changes to understand the new requirements and assess their individual circumstances before submitting applications.
The policy forms part of the Trump administration’s broader effort to reinforce the principle that immigrants seeking permanent residence should be financially self sufficient and not primarily dependent on taxpayer funded government assistance.
While the new requirements give immigration officers greater discretion, the government has emphasised that determinations will be made on a case by case basis.
Applicants should therefore avoid assuming that the use of any particular public benefit automatically makes them ineligible for a Green Card, as the new system requires consideration of their overall financial, family, health and personal circumstances.
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