New “Public Charge” Rule Takes Effect September 18 — Does It Affect You?

On June 30, 2026, the U.S. Supreme Court settled one of the most closely watched immigration questions in a generation. In Trump v. Barbara, the Court ruled 6–3 that the Constitution guarantees automatic citizenship to virtually all children born on U.S. soil — striking down the executive order that had sought to end that guarantee.

For immigrant families who have spent more than a year in uncertainty, this is significant and reassuring news. Below is a general overview of what happened and what it means. This is informational only and is not legal advice; every family’s situation is different.

What the Court decided

The case centered on an executive order signed at the start of the current administration in January 2025. That order sought to deny automatic citizenship to babies born in the United States to parents who were either in the country unlawfully or present only on temporary visas.

The order never actually took effect — federal courts across the country blocked it as the legal challenges moved forward — and the Supreme Court has now put the question to rest. Writing for the majority, Chief Justice John Roberts held that children born to parents who are unlawfully or temporarily present still satisfy the requirements of the Fourteenth Amendment’s Citizenship Clause. In his words, under the Constitution, they are citizens at birth.

The Chief Justice was joined by Justices Barrett and Kavanaugh, along with the Court’s three liberal justices. Three justices dissented.

Why this matters — and the long history behind it

Birthright citizenship rests on the Fourteenth Amendment, ratified in 1868, which grants citizenship to those “born … in the United States, and subject to the jurisdiction thereof.” The Supreme Court reaffirmed that principle in the landmark 1898 case United States v. Wong Kim Ark, involving a man born in San Francisco to Chinese immigrant parents, and it has been understood the same way for well over a century.

The stakes were substantial. By some estimates, roughly 255,000 children are born each year in the U.S. to noncitizen parents. Had the order taken effect, many of these children could have faced difficulty establishing citizenship anywhere — in some cases risking statelessness. The ruling preserves the long-standing rule that a U.S. birth certificate is proof of citizenship.

What this means going forward

For families, the practical takeaway is straightforward: the rule that has existed for generations remains in place. A child born in the United States is a U.S. citizen regardless of the parents’ immigration status, with only very narrow historical exceptions (such as the children of foreign diplomats).

A few points worth keeping in perspective:

• Nothing about your child’s citizenship changes. Children born in the U.S. continue to be citizens at birth, and a birth certificate remains valid proof of that status.
• This ruling addresses citizenship at birth — not other immigration matters. The decision does not change the immigration status of parents, and it is separate from questions about visas, green cards, deportation, or enforcement, which continue under their own rules.
• The conversation isn’t fully over politically. Some lawmakers have discussed pursuing a constitutional amendment. Amending the Constitution is a demanding, multi-step process, and no such change has occurred. For now, the law is settled by this ruling.

The bottom line

The Supreme Court’s decision reaffirms a foundational American principle: those born here are citizens here. For immigrant families, that certainty is worth holding onto.

At the same time, immigration law remains complex and highly individual. If you have questions about your own status, your family’s options, or how recent developments may affect a pending matter, it’s best to speak with a qualified immigration attorney who can review your specific circumstances.

This article is provided by Gursoy Law Firm for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Immigration law is complex and fact-specific, and outcomes depend on individual circumstances. For guidance on your particular case, please contact our office to schedule a consultation.

If you’re married to a U.S. citizen or lawful permanent resident and pursuing a green card from inside the United States, you’ve likely seen alarming headlines this year. A new USCIS policy memorandum issued on May 21, 2026 (PM-602-0199) prompted a wave of social media posts suggesting that green cards could no longer be approved domestically. The reality is more measured — but the change is real and worth understanding.

Below is a general overview of what’s happening. This is informational only and is not legal advice; every immigration case turns on its own facts.

What the memo actually does

The memo does not eliminate marriage-based adjustment of status, and it does not rewrite immigration law. A policy memo cannot change the statute that governs adjustment of status (INA §245).

What it does is reframe how officers approach these cases. The memo reminds USCIS adjudicators that adjustment of status has always been a discretionary benefit — not an automatic right — and instructs them to weigh both positive and negative factors carefully when deciding each application. In practice, this signals a stricter, more scrutinizing tone than applicants saw in recent years.

Importantly, the memo also requires officers to provide a written explanation of the positive and negative factors any time a case is denied on discretionary grounds.

What this means for marriage-based cases

Marriage to a U.S. citizen has historically been one of the strongest positions an applicant can be in, and that remains true. Spouses of U.S. citizens generally continue to receive favorable treatment, particularly when there’s a clean record and no prior immigration violations.

But the new framework underscores an important point: marriage alone does not answer every question. Under this guidance, it isn’t enough to simply show a valid marriage and complete the forms. Applicants are expected to affirmatively demonstrate why approval is warranted — not merely that nothing is working against them.

Factors that can count against an applicant include prior immigration or visa violations, fraud or misrepresentation, unauthorized employment, overstaying an authorized period, or conduct inconsistent with the visa someone entered on. Spouses of green card holders (the F2A category) may face additional scrutiny, where maintaining lawful status before filing is especially important.

Other 2026 changes worth knowing

The discretion memo isn’t happening in a vacuum. Couples should be aware of several broader shifts in marriage-based processing this year:

• Interviews are back. USCIS now defaults to scheduling in-person interviews for marriage-based applicants rather than waiving them. Both spouses should expect to attend and answer detailed questions about their relationship.
• More thorough vetting. Interviews and case reviews increasingly examine documentation, financial records, and other evidence of a genuine, ongoing marriage.
• Medical exam timing. Many applicants are now expected to submit the medical exam (Form I-693) with the initial filing rather than later, and an incomplete package can lead to rejection.

Practical steps couples can take

While each situation is different, some general best practices apply broadly in this environment:

• Document your relationship thoroughly — joint finances, shared housing, photos, communication, and similar evidence that demonstrates a bona fide marriage.
• Maintain lawful status where applicable, and avoid letting work or student authorization lapse before your interview.
• Build a record of positive equities — community ties, employment history, family relationships, and other factors that support a favorable decision.
• Don’t withdraw a pending application based on the memo alone. There’s no reason to abandon a properly filed case simply because of this guidance, though some processing delays are possible.
• Prepare for the interview as a meaningful step, not a formality.

The bottom line

Marriage-based adjustment of status remains a viable and widely used path to permanent residence. What has changed is the level of preparation it demands. The cases most affected tend to involve complicated immigration histories — prior violations, unlawful entry, or conduct that could be viewed as inconsistent with a temporary visa.

If your case involves any of those complexities, or if you simply want to make sure your application is presented as strongly as possible, it’s wise to review your specific situation with a qualified immigration attorney before filing or attending an interview. Policy in this area is evolving, and additional category-specific guidance is expected.

This article is provided by Gursoy Law Firm for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Immigration law is complex and fact-specific, and outcomes depend on individual circumstances. For guidance on your particular case, please contact our office to schedule a consultation.