Green Card Holders Abroad for More Than 180 Days Could Face Public Charge Review, Attorney Warns
Two passengers walk through Newark Liberty International Airport after coming through CBP passenger processing. Photographer: Josh Denmark/CBP
NEW YORK — A new federal immigration rule took effect Friday, expanding the factors immigration authorities may consider when determining whether certain immigrants are likely to become a “public charge.” New York immigration attorney Keshab Raj Seadie warns that the change could have an overlooked consequence for some lawful permanent residents who spend extended periods abroad and later seek to return to the United States.
The Department of Homeland Security rule rescinds the narrower public-charge regulations adopted in 2022. It applies to applications for admission made on or after Sept. 18, 2026, and to adjustment-of-status applications postmarked or filed electronically on or after that date.
For most people who already hold green cards, public-charge inadmissibility generally is not part of routine international travel and reentry. However, New York immigration attorney Bashu D. Phulara clarified that while the expanded review does not apply to green card renewals or naturalization applications, international travel is where issues can arise under INA § 101(a)(13)(C). Under federal immigration law, a lawful permanent resident who remains outside the United States for more than 180 continuous days can be treated as an applicant for admission when seeking to return.
“An applicant for admission is subject to the grounds of inadmissibility, including public charge under INA § 212(a)(4),” Phulara said. That designation can expose the traveler to the broader inadmissibility review conducted at the border, including a potential public-charge assessment, Seadie said.
“It can also apply to green card holders who leave the country for more than 180 days and then try to re-enter,” according to guidance published by the New York Immigration Coalition, or NYIC.
The coalition has also published information sheets explaining the changes. Materials updated by the Asian American Federation and translated into 14 languages state that public charge applies to people seeking lawful permanent resident status, commonly known as a green card, and to people immigrating to the United States.
“Public charge may also apply to LPRs who leave the United States for more than 180 days and then reenter,” the materials state. LPR stands for lawful permanent resident.
Federal law generally does not consider a lawful permanent resident to be seeking admission when returning to the United States unless certain exceptions apply. One exception is an absence from the country for more than 180 continuous days.
“Green card holders often assume that their permanent-resident status means they can travel abroad for lengthy periods without immigration consequences,” Seadie said. “But an absence of more than 180 consecutive days can change how they are treated on reentry.”
Under the new rule, immigration officers evaluating a person who is subject to the public-charge ground must consider statutory factors including age, health, family status, assets and financial resources, education, and skills as well as work history, according to U.S. Citizenship and Immigration Services. Officers may also consider other relevant evidence, including the person’s use of means-tested public benefits.
Phulara noted that officers will now evaluate the full “totality of the circumstances.” Starting today, they may examine a wider range of means-tested programs for benefits received on or after Sept. 18, 2026.
The previous 2022 framework generally limited consideration of benefit use to public cash assistance for income maintenance and government-funded long-term institutional care.
Under the updated guidance, USCIS says officers may consider “any and all” means-tested public benefits received on or after Sept. 18 as part of an individualized, totality-of-the-circumstances determination.
The rule does not establish an automatic denial based on the receipt of a particular benefit or on any single personal circumstance. Instead, it restores a broader case-by-case assessment of whether an applicant is likely at any time to become a public charge.
Benefits received before Sept. 18 will continue to be considered under the prior 2022 standard, according to DHS and USCIS guidance.
Phulara emphasized that while a finding of public charge at a port of entry can lead to delayed inspection, refusal of admission, or placement in removal proceedings, it does not automatically cancel a green card on its own. He noted that prolonged absences also raise a distinct legal issue regarding whether a traveler has abandoned permanent residence.
Seadie said the change may be particularly relevant to green card holders planning prolonged stays in Nepal or other countries to care for aging parents, receive medical treatment, address family matters or prepare for retirement.
“We are advising clients planning extended trips abroad — particularly for elder care, medical treatment or retirement transitions — to seek legal advice before departure,” Seadie said. Phulara similarly advised green card holders who must stay abroad to plan carefully, preserve strong evidence of U.S. ties, and avoid assuming a valid green card guarantees routine reentry after an absence exceeding 180 continuous days.
The rule does not mean that every green card holder who spends more than 180 days abroad will be denied reentry. Nor does the use of a public benefit alone determine the outcome.
But if a permanent resident is treated as an applicant for admission upon returning to the United States, the broader public-charge framework could become one factor immigration authorities consider when evaluating that person’s circumstances, Seadie said.
Editor’s Note: This article has been updated to include additional legal analysis and insights from New York immigration attorney Bashu D. Phulara.