New Federal Public Charge Rule is Now in Effect
The federal government’s new public charge rule takes effect today, September 18, 2026. The rule changes how federal immigration officials evaluate whether certain non-citizens seeking immigration status are considered a “public charge.”
The rule does not apply to everyone. It applies only to certain immigrants applying in specific immigration pathways – primarily people applying for lawful permanent residence (a green card) through a family-based process.
The public charge rule does not apply to you if:
- You are a U.S. citizen.
- You already have a green card.
- You’re applying for, or already have received, a U or T Visa, the Violence Against Women Act (VAWA), Asylum or Refugee status, Special Immigrant Juvenile Status (SIJS), and several other categories.
- You are not applying for lawful permanent residence and do not have pathway to obtain permanent residence.
The rule may affect you if, for example:
- You plan to apply for permanent residence through a family-based application.
- You have permanent residence, but you remain outside the country for more than 6 months.
- You plan to apply for a visa or admission to the U.S. from abroad, or to change or extend certain nonimmigrant visas inside the U.S.
The Los Angeles County Office of Immigrant Affairs encourages community members to learn how the rule may apply to their situation.
For information about public charge, including how the use of certain public benefits may be considered, visit oia.lacounty.gov/publiccharge.
If you have questions about your specific situation, consult a qualified immigration attorney.
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