Immigration Law Recap – September 2026

 

Effective September 18, 2026, USCIS implemented a new public charge framework affecting adjustment of status applications. This memo outlines the key changes and immediate action items for affected clients.


NEW FRAMEWORK EFFECTIVE DATE

USCIS began applying its new public charge final rule framework to all adjustment of status applications postmarked or electronically submitted on or after September 18, 2026.


STATUTORY FACTORS NOW CONSIDERED

Under the new framework, USCIS evaluates the following factors in determining whether to approve an application to adjust status:

  • Age
  • Health
  • Family status
  • Assets, resources, and financial status
  • Education and skills
  • Other relevant circumstances


PUBLIC BENEFITS NOW INCLUDED IN ANALYSIS

For benefits received on or after September 18, 2026, USCIS may consider means-tested benefits received by the applicant or their family, including:

  • Cash assistance
  • Housing assistance
  • Food stamps
  • Financial aid for college
  • Similar benefits

RECOMMENDED ACTION

Consult with an immigration attorney to understand how these new rules may apply to your specific case and your ability to adjust status.


The Prince Firm stands ready to assist you with your immigration filing and would strongly urge you to have a consultation before submitting your applications and petitions to USCIS.