The Department of Homeland Security has rescinded a Biden-era public charge regulation, tightening green card application requirements and impacting many applicants, particularly within the South Asian community.
The Department of Homeland Security (DHS) has announced a final rule that rescinds the 2022 regulation established during the Biden administration concerning public charge determinations. This change, as detailed in a press release from U.S. Citizenship and Immigration Services (USCIS), aims to align immigration law more closely with Congressional intent, emphasizing that individuals in the United States should be self-reliant and not reliant on taxpayer-funded government benefits.
Under the Immigration and Nationality Act (INA), individuals applying for a visa, admission, or adjustment of status can be deemed inadmissible to the United States if they are likely to become a public charge at any time. The strict enforcement of this provision significantly affects thousands of family-based and employment-based green card applicants, particularly within the Indian and South Asian diaspora navigating the adjustment of status process.
The rescinded Biden-era regulation had limited the public benefits that DHS could consider, thereby restricting immigration officers’ ability to evaluate all relevant factors as intended by Congress. With the implementation of the new final rule, USCIS officers will now have the authority to assess all pertinent facts on a case-by-case basis for each applicant.
“The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans,” stated USCIS spokesperson Zach Kahler.
The final rule is set to take effect on September 18, 2026. To facilitate the implementation of the new evaluation standards, USCIS will introduce a revised Form I-485, Application to Register Permanent Residence or Adjust Status. It is important to note that any older versions of Form I-485 that are postmarked or submitted electronically on or after the effective date will not be accepted by the agency.
Applicants from the South Asian community and other immigrant groups are strongly advised to ensure they use the correct version of the paperwork to avoid immediate rejection of their permanent residency applications.
For more information on USCIS and its programs, please visit uscis.gov.
This article was edited for accuracy and clarity.