The court did not put a stop to the September 18 effective date

From September 18, only the new edition of the green card application (form I-485) is accepted. Four days earlier, on September 14, a court stopped a student rule three days before it was to take effect, so we have been asked more than once whether this rule would be stopped too. It was not. Three lawsuits were filed, but they did not block the rule, and it took effect as scheduled. Here is what couples preparing a green card application should check now.

Three lawsuits were filed, but they did not stop the rule

"There is no grace period for the revised edition because this revision is necessary to apply the final rule."

That sentence appears in the immigration service's September 18 notice on the green card application page.

On September 14, New York and several other states filed suit, several cities including New York City filed the same day, and on September 17 an immigrant organization filed as well, all in the federal district court for the Southern District of New York. All three name the Department of Homeland Security and the immigration service.

Yet in the court records available through September 19, we found no emergency request to block enforcement temporarily or to postpone the effective date. In the case brought by the states, the first pretrial conference is set for October 9, and the government's response is due November 16. Those dates alone do not tell us when a ruling on the rule itself will come. Until then, it is safer to prepare on the assumption that the current standard applies.

The student rule was different. There, the court issued an order the day before the effective date postponing it. Filing a lawsuit and stopping a rule are two different things. Court records reflect public sources, so new filings can take time to appear. Still, the immigration service's own notice, revised on September 18, says only the new edition is accepted, so the two sources agree that the rule is in force.

The rule itself did not arrive without warning. It is called the Public Charge Ground of Inadmissibility final rule, and when it was published in the Federal Register on July 20 it set September 18 as the effective date. That is nearly two months of notice, and during that time the new edition of the application and the review guidance were issued in turn.

Here is what changed on the application

"Answer 'Yes' to Item 63 only if you have ever received means-tested public benefits."

That is from the instructions for the new edition.

In the old edition, Item 63 asked only about cash assistance for living expenses: federal supplemental security income, family assistance, and cash aid from a state or local government. The new edition replaces that with means-tested public benefits. Which specific programs fall inside that term has to be worked out benefit by benefit, but the question itself now reaches past cash assistance.

The table for listing benefits received also moved and changed. In the old edition, Item 65 asked for the benefit, the dates and the amount, and whether you were in an exempt category at the time. In the new edition that table is Item 64, and the line for exempt status has been replaced with a line for the reason you received the benefit. The instructions give job loss, long-term illness and insufficient income as examples.

Some questions are gone. The old Item 64, which asked about long-term institutionalization at government expense, and its table at Item 66 do not appear in the new edition.

The boxes where you select an amount are unchanged. Household income, assets and liabilities are still selected from five ranges, and the ranges are the same. Only Item 57 changed, from writing in your household size to describing your family situation. The liabilities box covers more than a mortgage and a car loan: it includes current credit card balances, unpaid taxes and unpaid child support. Income from means-tested benefits must be left out of the income figure. The skills box asks not only for certificates and licenses but for skills gained through work and foreign language ability. These three boxes ask for a range rather than an exact figure, but which range you fall into is something both spouses should work out the same way.

When you received it is the dividing line

"For means-tested public benefits received before September 18, 2026, officers will only consider public cash assistance for income maintenance and long-term institutionalization at government expense."

That is from the immigration service's policy guidance.

The new standard does not reach back over everything. Of the assistance received before September 18, only two things are considered: cash assistance for living expenses and long-term institutionalization. Medical assistance or food assistance received before that date is not considered in this review.

For assistance received from September 18 onward, all means-tested benefits are in scope. Even where nothing was received, having applied or having been approved to receive is considered as well. The guidance notes that an application or approval is not itself receipt, while explaining that it can indicate the likelihood of needing such benefits in the future.

If assistance you are receiving now continues past September 18, the period after that date is measured by the new standard. The guidance also sets out a way back. If you provide evidence that you disenrolled, withdrew the application, or told the agency you no longer wanted the benefit, that portion is not considered.

One more point. The application asks you to list benefits you have ever received, regardless of when. The range you must disclose and the range the officer considers are not the same. Leaving something off because it will not be considered makes the application inaccurate. Item 63 asks about benefits the applicant received. In a marriage-based case the applicant is the foreign spouse, so the person answering this question is the applicant, not the U.S. citizen or permanent resident spouse. Some people are outside this review entirely. Item 56 lists exempt categories, and anyone in one of them skips Items 57 through 64. Among them is a spouse who files a self-petition after abuse. The same is true for those granted refugee or asylee status and for those holding status as victims of crime or trafficking.

You do not need to gather documents in advance. The new instructions say no initial evidence about public benefits has to be filed with the application. There is one exception: if you claim that your institutionalization violated federal law, you must submit documentation supporting that claim, and the instructions give disability law as an example. If the officer needs more, a request for evidence is issued, and everything filed in response is considered.

A signed application has to be signed again

The absence of a grace period means what it says. From September 18, an application postmarked or submitted online is accepted only in the new edition, and the old edition is returned. When it is returned, the filing date does not survive.

"We are collecting signatures again on applications that were signed before September 18."

That is what our office has been doing this week.

The new edition asks different questions. A signature covers what the document says, so a signature taken on the old edition is not carried over to the new one. For couples who had already signed and were ready to file, it is an inconvenience, but preparing the new edition and signing again is the safer course. The next item to check is the affidavit of support (form I-864). From October 1 only the new edition is accepted. That one carries a 30-day grace period, so an old edition postmarked through September 30 is still accepted. Filing an old edition after October 1 does not cause the green card application itself to be returned; it is treated as required evidence not yet filed and requested separately. The new edition includes a release authorizing the immigration service to request information from consumer reporting agencies. If the sponsor has placed a freeze on that information, the agency may not be able to review it, so respond promptly if you are asked to lift it. In a marriage-based case the sponsor is usually the spouse. The immigration service also reminds anyone who has signed an affidavit of support that serious consequences follow if the person they agreed to support receives means-tested benefits, because the affidavit is a legally binding contract with the government.

In closing

Three things. First, check that the application you are preparing is the new edition; the edition date next to the form number should read 09/18/26. Second, if you have received government assistance, put together the dates, the type, and the reason you received it, because the new application asks for the reason. Third, if you are receiving assistance now, talk it through before you set a filing date. If you have disenrolled or withdrawn an application, keep the records that show it.

Frequently Asked Questions

Q. I heard the court blocked the rule. Does that apply to green card applications?

What the court postponed was a rule about students. The rule governing how government assistance is reviewed in green card cases took effect on September 18 as scheduled. Three lawsuits over this rule were filed in the federal district court in Manhattan on September 14 and 17, but in the court records available through September 19 we found no emergency request to stop it from taking effect. The two rules are separate, so one being stopped does not stop the other.

Q. I received Medicaid some years ago. Is that a problem now?

It depends on when. Of the assistance received before September 18, only two things are considered: cash assistance for living expenses and long-term institutionalization at government expense. Medical or food assistance received before that date is not considered in this review. The application, however, asks you to list benefits received regardless of when. What you must disclose and what the officer considers are not the same.

Q. We already signed the application. Do we have to do it again?

From September 18, an application postmarked or submitted online is accepted only in the 09/18/26 edition, and the old edition is returned. There is no grace period. Because the new edition asks different questions, a signature taken on the old edition is not carried over. It is an inconvenience, but preparing the new edition and signing again is the safer course.

Disclaimer: This column is intended for general informational purposes only and is not legal advice for any specific case. Please consult an attorney regarding your individual immigration matter.

Law Office of Jin D. Cho

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