Overview

A revised Form I-485 will be mandatory for adjustment of status applications submitted on or after September 18, 2026.

The Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 Biden-era regulation regarding public charge determinations, according to a press release from U.S. Citizenship and Immigration Services (USCIS). The change aims to further align immigration law with Congressional intent that aliens in the United States be self-reliant and not dependent on taxpayer-funded government benefits.

Under the Immigration and Nationality Act (INA), an individual applying for a visa, admission, or adjustment of status is inadmissible to the United States if deemed likely at any time to become a public charge. The strict enforcement of this law significantly impacts thousands of family-based and employment-based green card applicants within the Indian and South Asian diaspora in America who are navigating the adjustment of status process.

Broader Discretion for Immigration Officers

The now-rescinded Biden-era regulation restricted which public benefits DHS could consider, limiting officers’ ability to review all relevant factors as intended by Congress. With the implementation of this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant.

“The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler.

New Forms and Implementation Timeline

The final rule will take effect on Sept. 18, 2026. In order to implement the new evaluation standards, USCIS will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status.

Older versions of Form I-485 postmarked or submitted electronically on or after the Sept. 18, 2026, effective date will not be accepted by the agency. Applicants from the South Asian community and other immigrant groups are advised to ensure they utilize the correct version of the paperwork to avoid immediate rejection of their permanent residency filings.

For more information on USCIS and its programs, please visit uscis.gov 

This text was edited with the assistance of an AI tool and has been reviewed and edited for accuracy and clarity by India Currents.