The new guide established by the Administration of President Donald Trump to deny permanent residence to immigrants who receive state aid and may become a public charge comes into effect this Friday, a policy that in his previous government (2017-2021) even affected US citizens.
The instruction now considers more types of public benefit, such as government cash assistance, subsidized housing, tuition assistance, food, and certain health services funded by the U.S. government.
Additionally, public benefits used by family members (children, parents, spouses) will be taken into account if the applicant is responsible for supporting those family members and the benefit depends on their income.
Also, applicant factors will be evaluated, such as age, household size, health status, and credit history.
Even if the green card applicant has a sponsor, this alone would not be sufficient to demonstrate that the immigrant will not be a public charge and USCIS can determine that he or she is a public charge.
The new public charge guideline goes into effect on September 18, 2026, meaning that all applications for permanent residence in the family and employment categories will be reviewed under the new parameter.
Any pending application, submitted or mailed postmarked on or before September 17, 2026, will be evaluated in accordance with the 2022 rule, imposed by the Government of former President Joe Bidem (2021-2025), which reversed the changes made by the Republican in 2019 and relaxed the ban.
Although USCIS guidelines do not apply to applications that are defined through consular processing abroad, consulates are expected to follow similar policies.
Immigration attorney Fernando Romo advises new applicants to submit evidence that they have a job that allows them to support themselves without asking for public assistance, have private health insurance, and assets, including savings, investments, or properties.
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“All these assets are evidence that there are resources, if an emergency occurs, they can face it without resorting to public benefits,” he explained.
For his part, immigration attorney Alex Gálvez recommends applicants be aware of legal actions filed against the new guide to stop its implementation.
This week several cities and counties, led by New York, filed a legal complaint to block the new rule.
“The courts have stopped a large number of Trump’s executive orders by determining that they are arbitrary, capricious and discriminatory, he opined that this attempt can again be stopped,” he added.