Attorneys Say Couples May File Before New Public Charge Rules Take Effect

A jump in green card availability for spouses of lawful permanent residents has opened a potential filing window for many married couples, just weeks before a Trump administration policy change that immigration attorneys say could bring greater scrutiny of applicants' financial circumstances. The State Department's August Visa Bulletin advanced the F2A final action date from January 1, 2025, to July 22, 2026, for most countries, an advance of roughly 18 months. For Mexico, the date moved from January 1, 2024, to July 22, 2025. F2A is the family-sponsored green card category for spouses and unmarried children under 21 of lawful permanent residents.

The development comes ahead of a September 18 change to the federal government’s public charge policy. The Department of Homeland Security (DHS) is rescinding the Biden administration’s 2022 regulatory framework and restoring broader discretion for officers to determine whether an applicant is likely to become a public charge.