Green Card Applicants Face New Hurdle as Trump Administration Expands ‘Public Charge’ Rule

Green card and permanent-residence applicants in the United States could face additional scrutiny under an expanded “public charge” framework being introduced by the Trump administration. The rule gives U.S. Citizenship and Immigration Services (USCIS) broader discretion to assess whether an applicant is likely to become a public charge. Under the final rule, officers may consider statutory factors as well as the applicant’s use of means-tested public benefits and other relevant circumstances.

USCIS officers may examine an applicant’s age, health, family status, assets, resources, financial position, education and skills, along with the receipt of certain means-tested public benefits. The expanded approach is intended to provide officers with greater discretion when adjudicating adjustment-of-status applications. The rule is scheduled to apply to certain Form I-485 applications submitted on or after September 18, 2026. Certain groups, including refugees and asylees and some humanitarian and special immigrant categories, remain exempt under the rule.