Here's where things stand as of the July 16, 2026 DHS/USCIS announcement:

Effective date: September 18, 2026. On or after that date, USCIS will only accept the revised edition of Form I-485 — older editions postmarked or e-filed on/after Sept. 18 will be rejected.

Who the rule applies to

• People applying for adjustment of status (I-485) within the U.S. who are subject to the public charge ground of inadmissibility (most family-based and employment-based green card applicants).
• People applying for immigrant or nonimmigrant visas through consular processing abroad — and the Department of State has already signaled it will apply public charge concerns more broadly there than USCIS does domestically.
• The legal standard itself is getting harder to meet: the 2022 rule's "primarily dependent" threshold is gone. Officers can now weigh all pertinent facts case-by-case — age, health, income, assets, education, job skills, family size, and history of benefits use — rather than being confined to cash assistance or long-term institutional care at government expense.

Who is exempt — and this doesn't change, because it's statutory, not regulatory

• U.S. citizens, including U.S. citizen children of immigrants
• Asylees and refugees
• VAWA self-petitioners
• U visa and T visa applicants/holders
• Special Immigrant Juveniles (SIJS)
• Most green card holders applying for naturalization
• TPS applicants (public charge doesn't apply to TPS)
• Several other humanitarian categories

Since public charge is a ground of inadmissibility tied to specific applications (like I-485 or an immigrant visa), it doesn't touch eligibility for public benefits generally, and it's never applied to categories Congress carved out by statute — rescinding the 2022 regulation can't override that.

One thing directly relevant to EIRC's caseload: DRC and Republic of Congo are both on the Department of State's list of 75 countries subject to the visa-issuance pause tied to public charge concerns (in effect since January 21, 2026). That pause only bites for clients who leave the U.S. to consular process — it doesn't affect I-485 adjustment filed with USCIS domestically. So for DRC/ROC nationals adjusting status inside the U.S., the September 18 rule change is what matters; for anyone planning to consular process abroad, the travel-ban-style pause is the more immediate risk, and that's currently being litigated (CLINIC v. Rubio).

Given the September 18 cutoff, any adjustment applications you can get filed before that date will be judged under the current, more protective 2022 standard — that's worth flagging to any clients whose I-485s are ready or close to ready.

Lawrenceville, GA — The Equal Immigration Rights Center (EIRC) is proud to announce that a client from Burkina Faso has been granted asylum in the United States, six months after her merits interview with U.S. Citizenship and Immigration Services (USCIS).

The client's asylum claim was based on her well-founded fear of female genital mutilation (FGM) if she were to return to her home country. FGM is recognized under U.S. asylum law as a form of persecution, and applicants who can demonstrate a credible fear of being subjected to it — or of being unable to protect a female family member from it — may qualify for protection.

"This decision reflects months of dedicated legal work and, most importantly, the courage of our client in sharing her story," said EIRC. "Asylum cases involving gender-based harm like FGM require careful preparation, corroborating evidence, and a deep understanding of country conditions. We are thrilled that she can now begin rebuilding her life here in safety."

EIRC continues to serve immigrants — particularly Francophone clients from across West and Central Africa — with asylum applications, adjustment of status, and other immigration legal matters. Individuals seeking assistance with a similar case are encouraged to contact our office.

Equal Immigration Rights Center (EIRC)595 Grayson Hwy, Lawrenceville, GA 30046

To protect our client's privacy and safety, her name has been withheld from this announcement.