Green Card Under More Control: Trump Administration Reinstates Income Test from September 2026

This summer, legal immigration to the USA faces two blows at once. From July 10, any signature error on a USCIS application may result in a strict rejection without the right to correct it. From September 18, the "public charge" test returns – a test that requires an officer to assess whether a green card…

Bartosz karczmarski
Bartosz Karczmarski
July 18, 2026
Kobieta składająca formularz wniosku wizowego przy okienku w urzędzie imigracyjnym
Wniosek o zieloną kartę wymaga teraz większej staranności przy podpisie i dokumentacji dochodowej. Zdjęcie ilustracyjne

For hundreds of thousands of Poles waiting in line for permanent residency, this is not a minor procedural change – it’s raising the bar on two fronts at once.

What changes from July 10?

The Department of Homeland Security (DHS) published a temporary rule on May 11, 2026, which came into effect on July 10 (Federal Register, document 2026-09289). Until now, a missing or incorrect signature on a form could usually be corrected. Now, if USCIS accepts an application and only later notices that the signature is invalid, it can simply reject it – without the possibility of correction on the existing application, and with the fee retained. The only way forward is an appeal on Form I-290B or refiling the case and paying again. Form N-600 (Application for Certificate of Citizenship) is excluded from this strict rule – there, a signature error itself results in a formal rejection, not a substantive denial.

What changes from September 18?

The second front is the return of the “public charge” test when evaluating permanent residency applications. An immigration officer will again be able to consider whether the applicant has used – or may in the future use – benefits such as Medicaid, food stamps (SNAP), or housing assistance, evaluating this along with age, health, income, assets, education, and professional skills. USCIS also announced a new version of Form I-485 (Application to Register Permanent Residence or Adjust Status) – from September 18, older versions of the form will no longer be accepted. Excluded from the test are, among others, refugees, asylum seekers, victims of human trafficking and domestic violence (VAWA applications), and special immigrant juveniles. Most Polish applicants – mainly in family and employment categories – do not fall under these exclusions.

Why is the administration doing this, and who opposes it?

The administration presents both changes as restoring order and integrity to the system: the signature is to confirm that the application truly comes from the person submitting it, and the income test is to prevent new residents from immediately becoming recipients of taxpayer-funded assistance. This is the same logic that DHS already applied in Trump’s first term, when a similar “public charge” test was introduced in 2019 and then withdrawn under the Biden administration.

Critics – immigrant organizations, some immigration lawyers, and politicians from the opposing camp, like New York City Councilman Zohran Mamdani, who commented critically on the decision – point to two problems. First, the inability to correct a signature after an application is accepted also affects honest mistakes, not just abuses – and the stakes are a lost fee and months of delay. Second, the return of the income test itself, even if formally it only applies to some applicants, may discourage families from using assistance they are entitled to (e.g., Medicaid for US citizen children), for fear that it will harm a parent’s application.

What does this mean for the Polish community?

Specifically: if you are submitting or planning to submit a green card application, after July 10, every signature – yours and your sponsor’s – must be flawless, because there will be no post-facto corrections. If your case proceeds after September 18, be prepared for the officer to ask about income, assets, and history of using benefits – and use the current version of Form I-485, not the one that was in circulation earlier in the summer. This is a good time not to submit an application independently “from memory” using an old template, but to check the latest instructions on uscis.gov or consult with an immigration lawyer before submitting documents – we write more about the green card process itself in our step-by-step guide.

Two changes in one summer signal that the administration is not slowing down on the legal immigration front – and that the coming months will require more caution from applicants than usual. Follow USCIS announcements closely, as further implementation details may still emerge before September.

Kamil Brzozowski, Poland.US (Voice of the Polish Community in the USA). This text is an editorial commentary and does not constitute legal advice. Check current requirements on uscis.gov, and for individual matters, consult with a licensed immigration lawyer. More comments and news at poland.us.

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