Form I-485 Changes September 18, 2026: What Adjustment of Status Applicants Need to Know
If you are preparing to apply for Adjustment of Status in the United States, September 18, 2026 is an important date to understand.
On that day, U.S. Citizenship and Immigration Services (USCIS) will begin requiring a new edition of Form I-485, Application to Register Permanent Residence or Adjust Status. September 18 is also the effective date of the Department of Homeland Security‘s new public charge rule.
These changes do not mean that every adjustment-of-status applicant should rush to file before September 18. They do, however, make it especially important to use the correct form edition, understand which rules apply to your case, and make sure an application is complete before it is submitted.
A New Form I-485 Takes Effect September 18
USCIS has announced a new 09/18/26 edition of Form I-485.
Until September 18, USCIS will continue to accept the current 01/20/25 edition. USCIS specifically warns applicants not to use the new 09/18/26 edition before September 18.
For applications postmarked or electronically submitted on or after September 18, 2026, USCIS will accept only the new 09/18/26 edition. Older editions will be rejected.
This distinction matters because a rejected application generally does not receive the filing date that an applicant may have been trying to secure.
Applicants preparing a filing around the transition date should therefore pay particular attention to both the edition date printed on the form and the date the application is submitted.
The Public Charge Rules Also Change September 18
A separate but important change also takes effect on September 18.
The Department of Homeland Security’s final rule rescinds the public charge regulations adopted in 2022 and returns greater discretion to immigration officers when determining whether an applicant subject to the public charge ground of inadmissibility is likely at any time to become a public charge.
For adjustment-of-status cases, the new rule applies to applications postmarked or electronically submitted on or after September 18, 2026.
This means an adjustment application properly filed before September 18 does not become subject to the new rule simply because USCIS continues processing the case after that date. DHS also states that receipt of means-tested public benefits before September 18 will be considered consistently with the prior 2022 rule.
What Will USCIS Consider Under the New Public Charge Framework?
The public charge determination remains an individualized review.
Federal law requires immigration officers to consider, at a minimum, factors including:
- age;
- health;
- family status;
- assets, resources and financial status; and
- education and skills.
Where required, an Affidavit of Support, Form I-864, is also relevant.
Under the new framework, officers may additionally consider an applicant’s receipt of means-tested public benefits and other circumstances relevant to determining whether the individual is likely at any time to become a public charge. DHS describes the determination as a case-by-case review based on the totality of the circumstances.
Receiving a particular benefit does not automatically mean that an adjustment application will be denied. DHS specifically explains that receipt of a means-tested benefit is one consideration rather than an automatic determination by itself.
Benefits Received by Children or Other Family Members
This is an area where families should be particularly careful about misinformation.
The public charge determination focuses primarily on the person applying for admission or adjustment of status.
DHS states that USCIS is collecting information concerning means-tested public benefits received by the adjustment applicant. Benefits received by another household member are not simply treated as though they were received by the applicant.
There can, however, be circumstances in which a family member’s receipt of benefits may provide information relevant to the applicant’s overall financial situation—for example, where someone the applicant is legally obligated to support receives means-tested benefits because household income falls below a qualifying threshold.
For that reason, families should not make decisions about terminating benefits based solely on generalized information they see online.
Does the Public Charge Rule Apply to Every Form I-485 Applicant?
No. Not every person filing Form I-485 is subject to the public charge ground of inadmissibility.
USCIS identifies a number of exempt immigration categories. Depending on the circumstances, these can include certain:
- refugees and asylees;
- VAWA self-petitioners;
- Special Immigrant Juveniles;
- U and T nonimmigrants;
- Cuban Adjustment Act applicants;
- NACARA applicants; and
- other categories specifically exempted by law.
The applicable exemption depends on the legal basis for adjustment, and the complete USCIS list should be reviewed when determining whether the public charge provisions apply to a particular case.
Should You File Form I-485 Before September 18?
This will understandably be one of the most common questions over the next two weeks.
For someone who is already eligible to adjust status and has a properly prepared application, the September 18 effective date may be relevant because it determines both which edition of Form I-485 must be used and, for applicants subject to public charge, which regulatory framework applies.
But the answer is not simply:
“Everyone should file before September 18.”
Adjustment of status requires much more than submitting Form I-485. Immigration history, eligibility, visa availability where applicable, admissibility, supporting documentation, financial sponsorship, medical examination requirements and other issues can affect whether and when an application should be filed.
Rushing an incomplete or incorrect application simply to meet a date can create its own problems.
If You Are Preparing an Adjustment of Status Application
If you are planning to file Form I-485 during September, check the USCIS website immediately before submitting your application.
Make sure you are using the correct edition, current instructions, filing fee and filing location.
For people whose cases may involve public charge concerns, financial sponsorship questions, prior immigration issues, or uncertainty about adjustment eligibility, it may also be wise to have the case reviewed before filing.
Frequently Asked Questions
What Form I-485 edition should I use before September 18, 2026?
USCIS currently instructs applicants filing before September 18 to use the 01/20/25 edition.
What Form I-485 edition is required beginning September 18, 2026?
For filings postmarked or electronically submitted on or after September 18, USCIS will require the 09/18/26 edition.
Will USCIS accept the new Form I-485 before September 18?
No. USCIS states that the 09/18/26 edition should not be submitted before its effective date.
Does the new public charge rule apply to pending I-485 applications?
The new rule applies to adjustment applications postmarked or electronically submitted on or after September 18, 2026.
Does receiving public benefits automatically make someone ineligible for a green card?
No. For applicants subject to public charge, DHS uses an individualized totality-of-the-circumstances analysis. Receipt of a means-tested benefit is not automatically determinative.
DISCLAIMER: This article provides general information about U.S. immigration law and is not legal advice. Immigration eligibility and filing strategy depend on the individual facts of each case.
Martha L. Arias, Esq.
Immigration Law Attorney
Applying for Adjustment of Status (or Green Card)?
Immigration rules and USCIS forms can change quickly. Taking the time to understand which requirements actually apply to your circumstances can help avoid unnecessary mistakes.
If you have questions about U.S. immigration law, the new public charge rule, adjustment of status, or another U.S. immigration matter, you may contact my office at Arias Villa, PLLC in Miami at (305) 671-0018.
