Indian nationals seeking US permanent residency through adjustment of status will face broader scrutiny under updated public charge guidance taking effect
on September 18, 2026. The US Citizenship and Immigration Services (USCIS) will apply the new guidance to Form I-485 applications filed on or after September 18. The changes are particularly relevant to Indian professionals pursuing employment-based Green Cards, although family-based applicants and other eligible categories can also be subject to the public charge assessment. Under the revised approach, USCIS officers will assess an applicant's overall circumstances, including age, health, family status, financial resources and assets, and education and skills. Officers may also consider a wider range of means-tested public benefits when determining whether an applicant is likely to become primarily dependent on government support. What Does The New Green Card Rule Mean For Indians? The change could affect Indian nationals already living in the US who are preparing to move from temporary immigration status to permanent residency through Form I-485. Under the previous 2022 framework, USCIS generally considered public cash assistance for income maintenance and long-term institutionalisation at government expense. The updated guidance allows officers to consider a broader range of means-tested public benefits as part of the overall assessment, including programmes such as Medicaid, SNAP and housing assistance. However, receiving one of these benefits does not automatically result in Green Card denial. USCIS says officers will make a determination based on the totality of the circumstances and the evidence in an individual case. Which Indian Green Card Applicants Could Be Affected? The public charge ground can apply to several categories of applicants seeking adjustment of status, including certain employment-based and family-based applicants. For Indian professionals, the change is particularly relevant to employment-based Green Card categories. Indian nationals who are moving from temporary US work status towards permanent residency may therefore face the expanded public charge assessment when filing Form I-485, depending on their immigration category. The guidance also covers certain religious workers and other categories seeking permanent residence or admission to the US. Which Applications Will Follow The New Rules? USCIS will determine which guidance applies based on when the Form I-485 application was filed.
- Filed on or after September 18, 2026: The new 2026 guidance applies.
- Filed from December 23, 2022 through September 17, 2026: The 2022 rules continue to apply.
- Filed before December 23, 2022: The 1999 Interim Field Guidance applies.
The timing is therefore particularly important for Indian applicants who are preparing to submit an adjustment-of-status application.
What Factors Will USCIS Consider?
USCIS officers will look at the applicant's circumstances as a whole rather than making a determination based on a single factor.
The five main statutory factors are:
- Age
- Health
- Family status
- Assets, resources and financial status
- Education and skills
An Affidavit of Support, where required, and evidence concerning an applicant's use of public benefits can also be considered.
USCIS guidance also distinguishes between benefits received by the applicant and benefits received by other members of the household. For example, a child's receipt of certain benefits does not automatically mean that the parent is considered to have received those benefits.
Will Using Medicaid Or SNAP Automatically Affect An Indian Applicant?
No.
The updated guidance gives USCIS officers greater scope to consider means-tested public benefits, but the public charge assessment remains a case-by-case determination.
USCIS considers the applicant's circumstances in their entirety rather than treating receipt of a particular benefit as an automatic ground for denying a Green Card.
This distinction is important for Indian families in the US, particularly households where different family members have different immigration statuses.
Who Is Exempt From The Public Charge Assessment?
Several categories remain exempt from the public charge ground of inadmissibility.
They include certain refugees and asylees, Special Immigrant Juveniles, certain victims of human trafficking or qualifying crimes, VAWA self-petitioners and certain Temporary Protected Status applicants.
Existing Green Card holders renewing their status and US citizens are also not subject to this public charge determination in the same way as people applying for permanent residence.
What About Indian TPS Holders?
Holding Temporary Protected Status itself is exempt from the public charge ground.
However, if a person later applies for a Green Card through an immigration category that is subject to the public charge rules, that subsequent application can be assessed under the applicable requirements.
Can Applicants Be Asked To Pay A Public Charge Bond?
In certain cases, an applicant found inadmissible solely on public charge grounds may be given an opportunity to post a public charge bond.
The bond acts as a financial guarantee that the applicant will not become primarily dependent on government assistance. USCIS guidance provides for a bond process in eligible cases after the agency determines that the applicant is inadmissible on public charge grounds.
Applicants cannot simply choose to submit a bond on their own; the process is initiated by USCIS where applicable.
What Indian Green Card Applicants Need To Know
For Indians already in the US and preparing to file Form I-485, September 18 is an important date.
The new guidance expands the range of factors and public benefits that USCIS officers can consider, but it does not mean that every Indian applicant who has received a government benefit will automatically lose their chance of obtaining a Green Card.
Instead, USCIS will examine the applicant's overall circumstances, including finances, health, family situation, education and skills, along with other relevant evidence.
Indian applicants should therefore distinguish between using a particular public benefit and being found inadmissible as likely to become a public charge. The two are not automatically the same under the updated guidance.
