Picture a family in Jacksonville a few weeks before they file for a green card. One parent is a U.S. citizen, the other is about to apply, and their two children have health coverage through Florida KidCare. Then a relative sends them a news story saying the government will now hold Medicaid against immigrants, and that night the parents start talking about cancelling the children’s coverage.
Many families in Florida have had that same conversation since the fall of 2026. The worry makes sense, because the rules did change. But a rushed decision can leave children without health care, and often the change does not affect the family the way they think.
This guide explains what the new public charge rule is, who it applies to, which benefits now count, and how to prepare before you file.
What Is the Public Charge Rule?
Under U.S. immigration law, a person can be denied a green card if the government believes they are likely to become a “public charge,” meaning someone who will rely on government help to cover basic needs. The rule comes from Section 212(a)(4) of the Immigration and Nationality Act, and the review an officer does is often called the public charge test.
The rule is easy to misunderstand. It does not forbid immigrants from using benefits they qualify for, it does not apply to everyone, and using a benefit does not mean an automatic denial.
What Changed on September 18, 2026
The government proposed new public charge rules in November 2025 and published the final rule on July 20, 2026. USCIS gave its officers instructions on August 18, and the new rule took effect on September 18, 2026. Here is how it compares to the rule that applied before:
| What Changed | Before September 18, 2026 | Starting September 18, 2026 |
| Benefits that can count | Mainly cash assistance, such as SSI and TANF, and long-term care in a nursing home or similar facility paid for by the government | Almost any benefit you get because of low income, including Medicaid, SNAP, and housing help |
| How the decision is made | A clear test written into federal regulations | A broader judgment call by the officer, guided by USCIS instructions |
| Question on Form I-485 | Asked only about the benefits covered by the old rule | Asks whether you have ever received a low-income benefit |
The date you file decides which rule applies. Applications mailed or filed online on or after September 18, 2026 follow the new rule and must use the new edition of Form I-485. Applications filed before that date are decided under the old rule.
Who Does the Public Charge Rule Apply To?
The new rule matters mainly to people applying for a green card from inside the United States, a process called adjustment of status. That includes most spouses and parents of U.S. citizens and people sponsored by an employer, including students moving from an F-1 visa to a green card.
People applying for a visa at a U.S. consulate abroad go through the State Department, which uses its own public charge standards. This guide focuses on applications filed with USCIS.
Who Is Exempt From the Public Charge Rule
Some groups are protected from the public charge test by law passed by Congress. The new rule removed the old list of exemptions from the regulations, but a regulation cannot take away protection that Congress gave. These groups include:
- Refugees and asylees: People applying for a green card based on their refugee or asylum status.
- Survivors of abuse and crime: People applying through VAWA, a T visa, or a U visa.
- Special Immigrant Juveniles: Children who received this status after abuse, abandonment, or neglect.
- Afghan and Iraqi special immigrants: People who worked for or with the U.S. government.
- Cuban, Haitian, and Central American applicants: People applying under the Cuban Adjustment Act, HRIFA, or NACARA.
These groups still have to meet the other requirements for a green card.
What About Green Card Holders and U.S. Citizenship?
If you already have a green card, the public charge test generally does not apply to you. You do not face it when you:
- Renew or replace your green card
- File to remove conditions on a two-year green card
- Apply for U.S. citizenship
The main exception is travel. A green card holder who comes back after more than 180 days in a row outside the United States can be treated as if they were asking to be admitted to the country again, and in that case the public charge rules can apply.
Which Public Benefits Count Under the New Rule
The rule now looks at benefits you receive because your income is low. Benefits you earned through work are treated differently and do not count.
| May Count | Do Not Count |
| Medicaid | Social Security retirement and disability |
| CHIP, including Florida KidCare | Medicare |
| SNAP (food stamps) | Unemployment benefits |
| WIC | Workers’ compensation |
| Public or subsidized housing | Veterans’ benefits |
| Cash assistance, such as SSI and TANF | Government pensions |
Using a benefit from the left column is not an automatic denial. It is one piece of the picture, and the officer weighs it against everything else in your case.
Benefits You Used Before September 18, 2026
Timing matters a great deal. Benefits used before September 18, 2026 are judged under the old rule, so Medicaid, SNAP, and housing help that ended before that date generally do not count against you.
Coverage that started before that date and kept going after it is different. The months on or after September 18 can be considered, even though you signed up earlier.
Benefits Your Children or Family Members Receive
This is the question parents ask most. According to USCIS guidance, benefits received by a U.S. citizen child are generally not counted against the parent who is applying, and applying for benefits on your child’s behalf does not mean you received them yourself.
There is one catch. If a family member gets a benefit because your household income is low, the officer may see that as a sign that your own income is not enough. The child’s benefit is not counted against you, but it can say something about your finances.
How USCIS Decides Whether You Are Likely to Become a Public Charge
The public charge test is a prediction about the future. The officer looks at your whole situation and asks whether you are likely to depend on low-income benefits at some point. No single fact decides the case, with one exception explained below.
What the Officer Looks At
The law requires the officer to consider at least these factors:
- Age: Whether you are of working age.
- Health: Any medical condition that could affect your ability to work, and whether you have health insurance.
- Family: How many people you support.
- Money and property: Your income, savings, property, and debts.
- Education and skills: Your schooling, work history, and job skills.
The officer can also consider other facts, such as your willingness to work or the fact that you care for a family member at home.
Why Your Sponsor’s Affidavit of Support Matters
Most family-based applicants need a sponsor who signs Form I-864, the Affidavit of Support, promising to support them financially. The sponsor usually must earn at least 125% of the federal poverty guidelines for the size of the household.
This is the exception mentioned above. If a required affidavit is missing or the sponsor’s income is too low, the case is denied on public charge grounds no matter how strong the rest of it is. A strong affidavit, however, still does not guarantee approval if the officer doubts the sponsor will actually help.
The New Benefits Question on Form I-485
The new Form I-485 asks whether you have ever received a benefit based on low income and asks for the details. You usually do not need to send benefit records with your application.
If the officer needs more information, USCIS can send a Request for Evidence asking for documents before deciding.
Is the Public Charge Rule in Effect Right Now?
Yes. The new rule has applied to green card applications filed on or after September 18, 2026. Here is where things stand:
- Lawsuits: On September 14, 2026, New York and a group of other states sued in federal court in Manhattan, and several cities and counties filed a separate case.
- More states joining: Other states have joined since, including Maryland in October.
- Florida’s position: The State of Florida has not joined the lawsuits.
- Court action so far: As of mid-October 2026, no court has blocked or paused the rule.
A court ruling could change this, and we will update this guide if it does.
What the New Rule Means for Florida Families
Florida has many families where some members are U.S. citizens and others are still working toward a green card. For these families, a few points matter most:
- KidCare for immigrant children: Since July 1, 2016, lawfully present immigrant children in Florida can join Florida KidCare without the usual five-year wait.
- Cuban and Haitian families: The exemption for the Cuban Adjustment Act and HRIFA matters most in Florida, where many families apply under these laws.
- Dropping coverage out of fear: Researchers at KFF estimate that 1.4 to 4.1 million people on Medicaid and CHIP who live with someone who is not a citizen could drop coverage because of these policies and broader fears, many of them U.S.-citizen children.
- Interviews in Jacksonville: If USCIS schedules an interview, applicants in Northeast Florida usually go to the USCIS Jacksonville Field Office.
Steps to Take Before You File for a Green Card
A little preparation now can take much of the uncertainty out of the public charge part of your case. Before you file:
- Write down your benefit history: List every program anyone in your household used, who received it, and when it started and ended.
- Keep the letters: Approval and closing notices show exactly whose benefit it was and for how long.
- Keep your children’s records separate: Make sure the paperwork shows the child, not you, as the person covered.
- Gather proof of stability: Pay stubs, tax returns, bank statements, a letter from your employer, and proof of health insurance.
- Check your sponsor’s income early: If it falls short, find a joint sponsor before filing, not after USCIS asks.
- Be ready to explain: Know why you needed any benefit and when it ended, since the officer may ask at the interview.
- Have your case reviewed: A short review before filing can show whether the rule applies to you at all.
How Weldon Law Group Can Help
Public charge questions usually come up right before filing, when a family has worked for months and does not want one answer to undo that effort. A careful review can show whether the rule applies to you and, if it does, how to present your situation clearly.
At Weldon Law Group, PLLC, our Jacksonville green card attorneys help families throughout Northeast Florida prepare their applications under the new rule, in English and Spanish. Our services include:
- Public charge review: Checking whether the rule applies and how your benefit history fits in.
- Sponsor planning: Reviewing your sponsor’s income and adding a joint sponsor when needed.
- Green card applications: Preparing Form I-485 and the supporting documents.
- Responses to USCIS: Answering requests about your finances or benefits.
- Interview preparation: Getting you ready for the Jacksonville Field Office.
Contact Weldon Law Group today to schedule a free consultation.
Frequently Asked Questions
| Question | Answer |
| If I stop using Medicaid or SNAP now, will USCIS still count it? | Benefits you received on or after September 18, 2026 can still be considered after they end. USCIS may take into account that you stopped, but stopping does not erase those months, so think about your family’s health before making that choice. |
| Will pregnancy or emergency Medicaid hurt my application? | These programs are not automatically excluded. The officer can take into account that the coverage was for a short-term medical need and that it has ended, so keep records of when and why you used it. |
| Does health insurance from the ACA Marketplace count? | Marketplace coverage is not Medicaid, but help with premiums that depends on your income may still be considered. Insurance you pay for in full is not a public benefit and can help show you can cover your own medical costs. |
| What happens if I leave a benefit off my Form I-485? | Hiding a benefit can cause a much bigger problem than the benefit itself. If USCIS decides you lied on purpose about something important, you can be barred from a green card permanently, so it is always safer to list the benefit and explain it. |
| What is a public charge bond? | In some cases, when USCIS plans to deny a case on public charge grounds, it may let the applicant post a bond using Form I-945. The minimum is $1,000, and the bond can be lost if the immigrant later uses a low-income benefit before the bond is cancelled. |
| Can I be deported for using public benefits? | This is very rare. It is a separate rule from the green card test, it generally applies only within five years of entering the U.S., and under long-standing court decisions only when the government asked for repayment and the person did not pay. |