US Green Card new rules take effect September 18: What Indian applicants need to know

Indian nationals seeking US permanent residency could face wider scrutiny from September 18, 2026, as the US Citizenship and Immigration Services (USCIS) begins implementing updated guidance on assessing whether Green Card applicants are likely to become a “public charge”.

The change follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public charge regulations. The updated guidance will apply to certain Form I-485 applications submitted or postmarked on or after September 18.

What changes from September 18

Under the updated guidance, USCIS officers will assess an applicant’s overall circumstances when determining whether they are likely to become a public charge. The assessment will consider five factors: age, health, family status, assets, resources and financial status, and education and skills. Officers can also consider other relevant circumstances.


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USCIS will also be able to consider a broader range of means-tested public benefits received on or after September 18. These can include cash assistance, housing assistance and food assistance, among other benefits. However, receiving a government benefit will not automatically lead to a Green Card denial. USCIS will consider the applicant’s circumstances as a whole.

For benefits received before September 18, officers can consider public cash assistance for income maintenance and long-term institutionalisation at government expense.

What Indian applicants need to know

The updated assessment is relevant to Indian nationals whose Green Card applications are subject to the public charge ground of inadmissibility. This includes several family-based and employment-based categories. For employment-based applicants, USCIS could consider factors such as financial circumstances, education, skills, employment history and employment prospects as part of the assessment.

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The rules do not apply to every Green Card applicant. Several categories are exempt from the public charge ground of inadmissibility, including certain refugees and asylees, special immigrant juveniles, VAWA self-petitioners and certain victims of human trafficking or qualifying criminal activity.

USCIS can also consider Form I-864, the Affidavit of Support, where applicable. In some cases, applicants may be given an opportunity to post a public charge bond if they are found inadmissible only because they are considered likely to become a public charge.

The bond amount will depend on the circumstances of the case and the government assistance the applicant could be eligible to receive over the following five years. Applicants cannot submit the bond in advance. USCIS must first invite them to submit Form I-945 through a Notice of Intent to Deny.

The rule is also facing a legal challenge. Twenty-three US states, the District of Columbia and six cities and counties have sued the Trump administration to block the rule. A separate lawsuit has also been filed by New York City, Chicago, San Francisco, Santa Clara County, Seattle and King County. The challenges were filed ahead of the rule’s September 18 effective date.

The plaintiffs argue that the rule could make it harder for some immigrants to obtain Green Cards, visas or entry to the US if they are considered likely to rely on government benefits. The lawsuits are pending, while the rule remains scheduled to take effect on September 18 unless a court blocks or changes it.