Dec 4, 2025
Repealing the 2022 rules will give USCIS access to a much broader review of applicants’ income, benefits, and overall financial situation.
The Department of Homeland Security (DHS) has released a draft rule that would completely change how “public charge” is evaluated — the ground of inadmissibility used to deny green cards to applicants who may become dependent on government assistance.The proposal would repeal the 2022 rule and replace it with a significantly stricter standard.
🔹 What exactly would change?
According to DHS, the 2022 rule limited too heavily which factors USCIS officers were allowed to consider when evaluating an applicant’s future self-sufficiency.The new proposal would:
✔ Allow USCIS to consider more types of public benefits
The 2022 rule permitted officers to look only at:
cash assistance (TANF, SSI, General Assistance)
long-term institutionalization at government expense
The new proposal removes these restrictions and allows USCIS to review any past reliance on government-funded resources, including other means-tested programs.
✔ Broaden how officers assess potential future use of benefits
The old rule allowed predictions based only on two categories of assistance.Under the new proposal, USCIS would be able to make a much wider forecast of the applicant’s likelihood of depending on any means-tested programs.
✔ Add more factors to the evaluation
The proposed rule emphasizes that officers may review any relevant evidence, including:
employment history
income, assets, liabilities
education, skills, health
family size and ability to support oneself financially
✔ Tighten rules around public charge bonds
Under the proposal, any use of means-tested benefits during the bond period would automatically be considered a violation of the bond terms.
🔹 Why is DHS rescinding the 2022 rule?
DHS states that the 2022 framework:
restricted officers from considering important financial information
conflicted with national policy outlined in PRWORA and Executive Order 14218
may have resulted in granting green cards to individuals who demonstrated a pattern of dependence on public support
In essence, the administration wants to return to a broader and stricter interpretation of “public charge.”
🔹 Who would be affected?
The proposed rule applies to applicants filing Form I-485 (adjustment of status) inside the United States. It does not directly apply to:
nonimmigrant extensions or changes of status
removal cases
consular processing abroad
🔹 What does this mean for future applicants?
If the rule is finalized:
the financial self-sufficiency review will become significantly more stringent
applicants may need stronger documentation of income, assets, and employment
families with lower income or any history of benefit use may face greater risk of denial
The rule is currently in the public comment stage, and DHS is collecting community feedback.