A significant change to US immigration policy takes effect this Friday, September 18, and could mean tougher scrutiny for Kenyans and other immigrants applying for permanent residency in the United States.
The revised "public charge" rule restores broader discretion to immigration officers by rescinding the 2022 public charge regulations, and applies to green card applications filed on or after September 18, 2026. Under the update, officers will weigh a wider set of factors, including age, health, family status, finances, education, skills, and any required Affidavit of Support, when deciding whether an applicant is likely to depend on public assistance.
Importantly, no single factor — including the use of a means-tested public benefit — will automatically determine the outcome of an application. Benefits such as food stamps, Medicaid, and housing vouchers are among those officers will now be able to factor into their assessment.
According to the original report, the policy has already drawn legal pushback in the US, with a coalition of states and local governments suing over concerns that it could discourage eligible immigrant families from accessing benefits they're legally entitled to.
Timing matters for anyone planning to apply: the effective date affects which framework applies, while a separate question — when any public benefit was received — determines how that benefit factors into the new review. Applications filed before September 18 will generally continue to be assessed under the outgoing framework, while those filed on or after that date fall under the new rules.
The changes have understandably drawn attention among Kenyans exploring pathways to settle in the United States, given how directly the shift could affect green card prospects going forward.
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