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New Rule Could Make Getting Green Card Harder for Immigrants Using Public Benefits

USCIS said officers may now weigh a wider range of benefits and personal factors in about 580,000 annual reviews, and the rule faces lawsuits.

  • On Friday, the Trump administration implemented new immigration guidance allowing federal officials broader discretion to consider an applicant's use of public benefits when deciding whether to grant a green card or visa.
  • This guidance rescinds 2022 Biden-era regulations that had restricted which benefits officers could review. Congress strengthened the self-sufficiency policy in 1996 to prioritize immigrant independence over taxpayer-funded assistance.
  • Officers now evaluate income, health, education, and job skills to assess whether applicants might become dependent on government assistance. If an applicant is found inadmissible on public charge grounds, officials may request a bond based on five years of potential benefit eligibility.
  • Legal challenges have already emerged, with New York Attorney General Letitia James and officials from Chicago, New York City, San Francisco, and Seattle suing the Trump administration over the changes.
  • Advocates warn the policy may discourage families from accessing entitled benefits, while DHS noted that Refugees and Violence Against Women Act self-petitioners remain exempt from public charge determinations.
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The bill, which comes into effect on Friday, would give immigration agents greater authority to deny permanent residence to people who use public benefits.

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KPAX broke the news on Friday, September 18, 2026.
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