The 2022 rule still governs your I-485 application. Here's what actually counts, what doesn't, and what the November 2025 proposed rule really means for you.
If you're filing Form I-485 in 2026 and worried that using SNAP, Medicaid, or having a child enrolled in CHIP could hurt your green card chances, the short answer is no. As of April 2026, USCIS is applying the 2022 final rule to I-485 applications, and under that rule most benefits don't count. The proposed rule that made headlines in November 2025 has not been finalized.
Three different rule eras, a proposed rescission, and a January 2026 visa freeze have created enormous confusion about which I-485 public charge rule actually governs your application. Some law firm blogs talk about benefits "that may now be considered" as if changes are already in effect. They are not. The proposed November 2025 rule is still a proposal.
Below, we cover what the current rule says, exactly which benefits count and which don't, the totality-of-circumstances test USCIS uses, who is exempt entirely, what the proposed November 2025 rule would change, and how the new dual-track system between USCIS and the State Department affects you depending on whether you adjust status inside the United States or process through a consulate abroad. If you're filing inside the United States, the I-130 vs. I-485 distinction matters for context, since the public charge ground attaches at the I-485 stage.
Which I-485 public charge rule is in effect in April 2026?
It's the 2022 DHS Public Charge Final Rule, published at 87 FR 55472 on September 9, 2022 and effective December 23, 2022. USCIS applies this rule to Form I-485 applications postmarked or electronically filed on or after December 23, 2022; applications filed before that date are adjudicated under prior public-charge guidance.
The 2022 rule defines a "public charge" as someone "primarily dependent on the government for subsistence" as shown by either receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. That is the entire definition. The statutory basis is INA § 212(a)(4) (8 U.S.C. § 1182(a)(4)), which makes inadmissible any noncitizen "likely at any time to become a public charge." The implementing regulations are 8 CFR § 212.22 (the determination framework) and 8 CFR § 212.23 (exemptions).
A few clarifications people get wrong:
- The 2019 Trump rule is dead. It was formally vacated in March 2021 and removed from the Code of Federal Regulations. Form I-944 was eliminated on March 9, 2021. Public charge questions are now built directly into Form I-485, Part 8.
- The November 2025 proposed rule is a proposal. DHS published a Notice of Proposed Rulemaking (90 FR 52168) on November 19, 2025 to rescind the 2022 rule. The comment period closed December 19, 2025. As of April 2026, no final rule has been issued. USCIS adjudicators are still applying the 2022 rule.
- You can still use most benefits. The biggest source of fear among I-485 applicants is the assumption that any benefit usage will hurt their case. Under the 2022 rule, that is not how it works.
What benefits count, and what doesn't, under the I-485 public charge rule
The list of benefits that count is short. The list that does NOT count is long, specific, and bright-line:
Does SNAP affect I-485?
No. SNAP (food stamps) does not count toward public charge. This is explicit in the 2022 rule and confirmed on the USCIS public charge page. You can receive SNAP while your I-485 is pending and after, with no public charge consequence.
Does Medicaid affect I-485?
No, with one narrow exception. Regular Medicaid, including emergency Medicaid, does not count. Pregnancy Medicaid, children's Medicaid, and CHIP do not count. The only Medicaid-related thing that counts is long-term institutionalization at government expense, meaning extended nursing-home or psychiatric-facility care funded by Medicaid. Outpatient care, hospital stays, and prescription coverage are all outside the rule.
Other benefits that do NOT count
The visual above lists the rest. Section 8 housing, WIC, school lunch programs, Head Start, LIHEAP, ACA marketplace subsidies, COVID-19 stimulus payments, unemployment insurance (which is an earned benefit, not a welfare program), childcare assistance, immigration fee waivers, and noncash TANF benefits all fall outside the rule.
A point that calms many parents: only the applicant's own receipt counts. If your U.S. citizen child receives SNAP, CHIP, or Medicaid, that has no effect on your I-485. The same is true for any other family member's benefits.
Benefits that DO count
Only four narrow categories count under the 2022 rule: SSI (Supplemental Security Income), TANF cash assistance (the cash component, like CalWORKs in California), state or local cash assistance designed for income maintenance (such as county General Assistance or California's CAPI), and long-term institutionalization at government expense.
Past receipt is one factor among many in the totality test below. A short period of past receipt, on its own, is not a denial trigger.
The totality-of-circumstances test: what USCIS actually weighs
When a USCIS officer evaluates public charge, they apply a forward-looking test under 8 CFR § 212.22(b). The seven factors are: age, health, family status, assets and resources, education and skills, the Affidavit of Support (Form I-864), and any current or past receipt of countable benefits.
No single factor, except an insufficient or missing I-864, can be the sole basis for a public charge finding. Disability alone is never grounds for a denial. Health conditions are never grounds on their own. Even past receipt of countable benefits is not a denial trigger by itself.
The I-864 Affidavit of Support is an important part of the public-charge analysis when required, but it is not by itself dispositive. USCIS still reviews the totality of the circumstances. Sponsors generally must demonstrate income at 125% of the Federal Poverty Guidelines (100% for active-duty military sponsoring a spouse or child). If the petitioning sponsor's income falls short, a joint sponsor or household member may help meet the requirement.
If you're petitioning a relative, the I-130 process creates the qualifying relationship; the I-864 then satisfies the public charge concern when the I-485 is filed. Most attorneys charge $1,500 to $4,000 to handle these forms together. Immiva handles the I-485 and supporting forms with guided, question-by-question filing for $129.
Who is exempt from public charge entirely
The 2022 rule preserves multiple exemption categories under 8 CFR § 212.23 and other statutes. If you are applying for adjustment of status in an exempt category, the public charge ground does not apply to that I-485.
Major exempt categories include refugees and asylees adjusting under INA §§ 207 and 209, VAWA self-petitioners, T nonimmigrants, U nonimmigrants, Special Immigrant Juveniles, Afghan and Iraqi Special Immigrant Visa holders, and Cuban Adjustment Act applicants. TPS applicants and re-registrants are exempt from the public-charge ground in TPS adjudications, but TPS does not by itself exempt a later Form I-485 unless the adjustment category is separately exempt. Afghan and Ukrainian parolees are also not automatically exempt from public charge in every later adjustment application.
There's also a specific carveout to know: under 8 CFR § 212.22(d), DHS does not count benefits received during periods when the applicant was in an exempt immigration category. So if you received benefits while holding TPS, refugee, or asylee status, and you later adjust under a non-exempt category, those benefits are still excluded from the analysis.
The November 2025 proposed rule: what it would change
On November 19, 2025, DHS published a Notice of Proposed Rulemaking at 90 FR 52168 (DHS Docket No. USCIS-2025-0304) that would rescind the 2022 rule. The comment period closed December 19, 2025. More than 700 organizations submitted opposition comments.
If finalized, the proposed rule would eliminate the bright-line list of countable benefits, giving officers broad discretion to consider any public benefit including SNAP, Medicaid, CHIP, and housing. It would also broaden the "public charge" definition beyond the narrow "primarily dependent" standard and potentially count family members' benefits toward the applicant.
For now, nothing changes. Until DHS publishes a final rule and that rule takes effect, USCIS continues applying the 2022 rule to Form I-485 applications postmarked or electronically filed on or after December 23, 2022. A future final rule would apply according to its own effective-date provisions, so filing early does not guarantee USCIS will adjudicate under the current rule. Watch the USCIS public charge page and the Federal Register for any final rule announcement.
The 75-country visa freeze and the USCIS vs. State Department split
Not enough people realize there are now two different public charge standards running in parallel in 2026, one at USCIS for people adjusting status inside the United States and a stricter one at the State Department for those applying through a consulate abroad.
Under USCIS, the 2022 rule applies. Narrow benefits, totality test, no health-condition presumption.
Under the State Department, things look different. Publicly available State Department guidance says consular officers consider age, health, family status, financial status, education and skills, and current or past use of U.S. public benefits in public-charge screening. The Department also announced on February 2, 2026 that, effective January 21, 2026, it paused immigrant visa issuances for nationals of 75 listed countries. I could not verify from current official public sources the article's specific claim about a November 6, 2025 cable listing diabetes, heart disease, obesity, depression, or PTSD as named negative factors.
What matters most for I-485 applicants: the 75-country visa freeze does not apply to adjustment of status inside the United States. If you are physically in the U.S. and eligible to file Form I-485, the freeze and the stricter consular guidance do not affect you. This is one reason many applicants who could choose between adjustment and consular processing are now choosing adjustment of status when eligible.
Question 61 on Form I-485: the most common public charge mistake
The most common public charge processing issue under the 2022 rule has nothing to do with benefits. It comes down to how applicants answer Question 61 on Form I-485 Part 8.
Question 61 asks: "Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)?" Most applicants read this as "Are you a public charge?" and confidently answer No. That is wrong. The question asks whether you are subject to the ground, not whether you are one.
If you are a family-based applicant or most employment-based applicants, you are subject to the public charge ground, even though you almost certainly are not a public charge. The correct answer is Yes. Then you complete Questions 62 through 68d about your finances, household, and any countable benefits.
Answering "No" incorrectly to Question 61 can trigger an RFE or other delay because USCIS may need more information about whether you are subject to the public charge ground. USCIS revised the Policy Manual and Form I-485 to reduce confusion on this issue. Immiva's I-485 flow catches this exact mistake and answers Question 61 correctly based on your immigration category.
Official Sources
This guide is based on current USCIS policy and federal regulations as of April 2026. All information was checked against these official sources.
USCIS Resources
Federal Regulations
- 8 CFR § 212.22: Public charge determination framework
- 8 CFR § 212.23: Exemptions and waivers
Federal Register
- 87 FR 55472 (Sep 9, 2022): 2022 Final Rule (currently in effect)
- 90 FR 52168 (Nov 19, 2025): Proposed rescission (NOT yet final)
Immigration and Nationality Act
- INA § 212(a)(4) (8 U.S.C. § 1182(a)(4)): Public charge inadmissibility ground
- INA § 213A (8 U.S.C. § 1183a): Affidavit of Support requirements
The rules around public charge are still in flux. We monitor USCIS policy updates and revise this guide whenever regulations or proposed rules change.