Trump Administration Restores Broader Public Charge Reviews for Green Card Applicants

The Trump administration is allowing immigration officers to consider whether green card applicants have used taxpayer-funded benefits including Medicaid, food stamps and housing assistance when determining eligibility for permanent legal status. @CBSNews reported that the Department of Homeland Security is poised to rescind a 2022 Biden-era regulation that narrowed how officers apply the public charge test.

The new final rule restores broader discretion that USCIS exercised during the first Trump administration, permitting case-by-case reviews of an applicant's age, health, family status, assets, financial resources, education, skills and receipt of means-tested benefits.

USCIS Director Joseph B. " The rule applies to noncitizens inside the U.S. applying to adjust status to lawful permanent residence and to those seeking admission as immigrants or nonimmigrants, unless exempted by Congress.

In its November 2025 proposal, DHS estimated that roughly 588,000 adjustment-of-status applicants each year would be subject to public-charge review. The rule is expected to be filed for public inspection Thursday and to take effect early next week. For applications filed before the effective date, USCIS will assess only means-tested public benefits received on or after that date.

USCIS will also publish a revised Form I-485, and older versions postmarked or submitted electronically on or after the effective date will no longer be accepted. USCIS officials stated that benefits received by an applicant's family members will not be treated as the applicant's own, though officers may still consider them when assessing the applicant's finances.