What changed, in one table
| 2022 rule (until September 17, 2026) | 2026 framework (from September 18, 2026) | |
|---|---|---|
| Standard | “Primarily dependent” on government support | Totality of the circumstances, broad officer discretion |
| Benefits considered | Public cash assistance and long-term institutional care | Any means-tested public benefit, including non-cash benefits, if received on or after September 18, 2026 |
| Benefits received earlier | Evaluated under the 2022 rule | Still evaluated under the 2022 rule |
| Form I-485 | Previous edition | New edition required; older editions are rejected |
| Statutory factors | Age, health, family status, assets and resources, education and skills, plus the I-864 | Same factors, weighed with more discretion |
Who the public charge test applies to
The public charge ground applies to people seeking admission or a green card, most importantly:
- Family-based green card applicants, both inside the US (Form I-485) and abroad (immigrant visa at a consulate).
- Employment-based applicants, where the petitioning employer is owned by a relative or the category requires an I-864.
- Diversity visa winners and some other immigrant categories.
It generally does not apply to refugees and asylees (including when they adjust status), VAWA self-petitioners, U and T visa applicants and holders, special immigrant juveniles, certain Afghan and Iraqi special immigrants, and several other humanitarian categories. It also does not apply when a permanent resident applies for citizenship.
What officers weigh now
The statute (INA § 212(a)(4)) lists the minimum factors: age; health; family status; assets, resources and financial status; and education and skills. For most family cases the officer must also consider a sufficient Form I-864 Affidavit of Support. Under the 2026 framework, the officer can add receipt of means-tested benefits and “any other case-specific factors relevant to self-sufficiency” and weigh them together.
In practice, this means:
- The I-864 still carries the most weight, but a sponsor who just meets the income threshold may not be enough on its own.
- The applicant’s own profile matters more: English ability, education, work history, job offers, savings and health insurance.
- Health conditions that could affect work or require costly care may be raised, especially if uninsured.
- Benefit use from September 18, 2026 onward can count, including non-cash benefits.
Benefits received before and after September 18, 2026
This is the question our clients ask most. The final rule applies the broader benefit review only prospectively:
- Before September 18, 2026: only cash assistance for income maintenance (such as SSI or TANF) and long-term institutionalization at government expense count, as under the 2022 rule.
- On or after September 18, 2026: any means-tested public benefit may be considered, including Medicaid, SNAP and housing assistance.
Emergency Medicaid, school lunches and similar programs have historically been excluded; confirm with your attorney how the current guidance treats any benefit you or your household receive before applying for or stopping a benefit. Do not cancel benefits your US citizen children are entitled to without advice.
How to prepare a strong I-864 Affidavit of Support
The US sponsor must show household income of at least 125% of the federal poverty guidelines for the household size (100% for active-duty military sponsoring a spouse or child). Under the 2026 guidelines that is $27,050 for a household of two in the 48 contiguous states; check the current Form I-864P before filing.
To make the financial side as strong as possible:
- Use IRS tax transcripts, not only copies of returns, for the most recent year (and ideally three years).
- Add current evidence of income: recent pay stubs and an employer letter stating salary, position and start date.
- Count household members correctly, including the applicant and any dependents.
- Use assets if income is short. Assets must generally equal five times the shortfall (three times for spouses and children of US citizens) and must be convertible to cash within a year.
- Add a joint sponsor when needed. A joint sponsor must be a US citizen or permanent resident living in the US and must meet the threshold alone.
- Strengthen the applicant’s own file: diplomas, English certificates, job offers, savings, and proof of health insurance for the first months in the US.
For consular cases in Turkey, bring the full sponsor package to the interview at the U.S. Embassy in Ankara even if it was already uploaded to the National Visa Center. Immigrant visa interviews worldwide were paused from August 26 to September 10, 2026 so consular officers could be trained on public charge, and we expect more detailed financial questions as a result.
What this means for Turkish families
The most common Turkish scenarios we see are a US citizen or permanent resident sponsoring a spouse or parents from Turkey, and a family adjusting status in the US after an E-2, F-1 or other visa. Three points deserve attention:
- Parents (IR-5). Older parents without US work history rely heavily on the sponsor’s I-864. Private health insurance for the first period and proof of the sponsor’s stable income help.
- Assets in Turkey. Real estate or savings in Turkey can support the file if valued properly and shown to be convertible to cash within a year; exchange-rate volatility means valuations should be recent.
- Recent arrivals on E-2 or F-1. Applicants who adjust status after arriving on a nonimmigrant visa should avoid means-tested benefits after September 18, 2026 unless an attorney confirms the benefit is excluded or they are exempt.
When to talk to a lawyer
- The sponsor’s income is near or below the threshold, or is self-employment income.
- Anyone in the household has received public benefits.
- The applicant has a serious health condition or no health insurance.
- You are sponsoring elderly parents.
- You are choosing between adjustment of status and consular processing.
Talk to Yellow Law Group. We prepare Affidavits of Support and public charge evidence for family and employment cases in Turkish and English. Book a free case evaluation or see our marriage-based green card services.
Sources
- Immigration and Nationality Act § 212(a)(4) (8 U.S.C. § 1182(a)(4)) and § 213A
- DHS, Notice of Proposed Rulemaking on the public charge ground of inadmissibility, Federal Register, November 19, 2025
- Capitol Immigration Law Group, “DHS rescinds 2022 public charge rule; new discretionary framework and new Form I-485 required on Sept. 18, 2026,” July 2026
- BAL, “DHS final rule rescinds 2022 public charge regulation, effective Sept. 18,” 2026
- USCIS, Form I-864P, HHS Poverty Guidelines for Affidavit of Support
- Fragomen, “State Department temporarily pauses immigrant visa interviews worldwide,” August 26, 2026
This article is general information, not legal advice, and reflects the rules as of October 1, 2026.
