The 2022 Public Charge Rule That 2026's Guidance Rescinded
DHS published a final rule on September 9, 2022 (effective/applied to filings on or after December 23, 2022) restoring the historical, narrower understanding of 'public charge' that had been in place for decades before a 2019 rule change: an officer could weigh only cash assistance for income maintenance and long-term institutionalization at government expense, not supplemental benefits like Medicaid or SNAP, alongside the five statutory factors and the Form I-864 affidavit of support.
Published
2022-09-09
Summary
DHS published a final rule on September 9, 2022 (effective/applied to filings on or after December 23, 2022) restoring the historical, narrower understanding of 'public charge' that had been in place for decades before a 2019 rule change: an officer could weigh only cash assistance for income maintenance and long-term institutionalization at government expense, not supplemental benefits like Medicaid or SNAP, alongside the five statutory factors and the Form I-864 affidavit of support.
Current status
This 2022 framework was itself rescinded by the 2026 public charge guidance above, which took a broader view of which benefits an officer may weigh. An I-485 case's own filing date determines which framework actually applied to it — the two entries together are the real history, not a single static rule.
Source: USCIS: DHS's Public Charge Final Rule Goes into Effect on Dec. 23
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