US Green Card rules change from Sept 18: What new public-charge scrutiny means for Indian applicants

Starting September 18, Indian nationals seeking US permanent residency will face stricter public-charge scrutiny, following new guidelines issued by the US Citizenship and Immigration Services (USCIS). These changes, which became effective on August 18, expand the financial assessment for family and employment-based green card applicants. The new policy manual provides detailed instructions on how immigration officers will evaluate an applicant's likelihood of becoming a public charge at any point in time.

The updated guidance supersedes the 2022 Biden-era public charge regulations, as rescinded by the Department of Homeland Security (DHS) in July 2026. The Trump administration argued that these new rules align with congressional intent, emphasizing the need for applicants in the United States to be self-sufficient and not reliant on taxpayer-funded government benefits.

In determining public charge inadmissibility, USCIS officials will weigh five statutory factors. These include family status, education and skills, age, health, and assets, resources, and financial status. Indian applicants in categories such as married sons and daughters of US citizens, spouses and children of lawful permanent residents (LPRs), and unmarried sons and daughters of LPRs with children may be subject to this new scrutiny.

However, certain categories of applicants are not affected by the public charge rule, including asylees and refugees, refugees from specific countries, certain foreign government officials and their families, and applicants for Temporary Protected Status. USCIS may also consider the applicant's Form I-864, an Affidavit of Support, which demonstrates the individual's commitment to financially supporting the applicant.