USCIS' Revised Green Card Rules: Here's What Changed After 18 September, Who's Affected

(MENAFN- Live Mint) The revised Green Card rules announced by the US Citizenship and Immigration Services (USCIS) last month have now come into effect, starting September 18. Under the updated guidance on public charge inadmissibility determinations, most Green Card applicants will now be required to show that they are financially self-sufficient, while certain humanitarian groups, including refugees and victims of trafficking, remain exempt.

The changes cover a broad range of applicants, particularly those applying for permanent residency through family-based or employment-based categories.

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The updated application form for permanent residence, Form I-485, is used by eligible individuals living in the US to apply for lawful permanent residency, commonly referred to as a Green Card. According to the official notification, the form bears an edition date of 18 September, 2026, superseding the previous version dated 20 January, 2025.

According to the federal agency, the revised Form I-485 was introduced to align the adjustment-of-status process with the recently announced final rule governing public charge grounds of inadmissibility. The public charge criteria help determine whether an applicant is likely to rely on the US government to support their livelihood.

What changes under the new Green Card rules?

Under the updated guidance, most applicants who wish to adjust their status to lawful permanent residence in the US will remain subject to a public charge review. This applies to spouses, children, and parents of US citizens or lawful permanent residents, along with other eligible family members. It also covers fiancés of US citizens and certain employment-based applicants, including priority workers, professionals with advanced degrees and individuals with exceptional ability, as well as skilled workers, other professionals, general workers, investors, religious workers and diversity visa applicants.

According to USCIS, children will also remain subject to the public charge rule, addressing potential confusion among family-based applicants.

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The federal agency has also listed the categories that are exempt from the updated rules. These include:

Refugees and asylees

2. Amerasian immigrants at admission

3. Special immigrant juveniles

4. Afghan and Iraqi interpreters, or Afghan and Iraqi nationals employed by or on behalf of the US government

5. Applicants seeking adjustment under the Cuban Adjustment Act

6. Applicants seeking Temporary Protected Status

7. Victims of human trafficking (T nonimmigrants)

8. Victims of qualifying criminal activity (U nonimmigrants)

9. Certain battered aliens who are“qualified aliens” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996

10. Self-petitioners under the Violence Against Women Act

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The key factor for applicants is the date on which the application is filed. USCIS determines which rules apply based on when the application is postmarked or submitted electronically, rather than when it is reviewed.

According to the official documents:

18 September, 2026 onward: Applications are subject to the 2026 guidance, which includes a broader range of benefits in the public charge assessment.

23 December 2022 to 17 September 2026: The 2022 Final Rule applies, with a more restricted list of benefits considered.

Before 23 December 2022: The 1999 Interim Field Guidance remains applicable.

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