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Immigration Update · September 15, 2026

Public Charge Rule Is Scheduled for Sept. 18 as New Challenges Are Filed

This is general information, not legal advice. The status of litigation can change quickly.

What changed: DHS published a final rule rescinding the 2022 public-charge regulation and restoring broader case-by-case discretion for public-charge inadmissibility decisions. The rule is scheduled to take effect September 18, 2026.

Why this matters now

The Federal Register states that the rule applies to applications for admission made on or after September 18, 2026 and to adjustment-of-status applications postmarked or electronically submitted on or after that date. USCIS also announced that it will use a revised Form I-485 and said older versions submitted on or after the effective date will not be accepted.

On September 14, 2026, a group of states, counties, and cities filed a lawsuit in federal court in Manhattan seeking to block the rule. A filed lawsuit does not by itself erase the published effective date, but a later court order could affect timing or implementation.

What applicants should do

Before filing an adjustment-of-status application around the effective date, confirm the current Form I-485 edition and instructions directly with USCIS. If public-charge issues could affect your case, get case-specific legal advice rather than relying on a general summary. If you already have a filing deadline, do not delay solely because of this article.

Official and reporting sources

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