USCIS interview changes in 2026: lawyers and public charge

The USCIS interview change I would check first is the rule about your lawyer's attendance. Since May 18, 2026, the USCIS field office alert says attorneys and accredited representatives cannot participate remotely, except in limited circumstances. If your preparation plan assumes your lawyer will join by phone, review that plan now.

There is also a newer change that may affect the application discussed at your marriage green card interview. USCIS announced revised public charge guidance on August 18, 2026, with a September 18, 2026 effective date. Its public charge alert ties its application to when Form I-485 was postmarked or electronically submitted. The interview date alone does not answer that question.

Quick note on where I stand. I built Ready for My Interview to help couples practice talking about their own lives. It is not a legal service, and it is not USCIS. I split these two changes apart on purpose, because they need different actions. One is about who attends your appointment. The other is about legal review of an application. Practicing more questions will not settle either one.

What changed about a lawyer attending the interview?

The field office page gives the effective date as May 18, 2026. Its exact wording is: "USCIS will no longer permit attorneys and accredited representatives to participate remotely in interviews at field offices" and it includes the qualification "except in limited circumstances." It then says: "All legal representatives must be physically present to attend these interviews."

That is a rule about participation by the representative. It is not a statement that every couple must hire a lawyer. The July 13, 2026 USCIS policy alert on representatives describes responsibilities for people "if they choose to have representation." Whether you should have legal help is a separate question about your situation.

The May alert also covers some asylum office interviews. This post is only about marriage-based Adjustment of Status at a field office, so I am ignoring the asylum part here. For your appointment, the field office alert is the rule to read.

What should you confirm with your representative?

If you have a lawyer or accredited representative, send them the notice and the May 18 attendance alert. Ask who will attend in person. Get a clear answer before you treat the appointment arrangements as settled.

I would ask this in writing: "Who will be physically present with us at the field office, and where should we meet?" That is a practical planning question, not a challenge to the person's legal work. It makes the difference between preparation by video before the appointment and representation at the appointment explicit.

If an earlier plan involved a phone call from the lawyer's office, do not assume that plan still works. Ask the representative to review it against the current rule. The alert mentions limited circumstances but does not describe them there. I cannot turn that phrase into an exception for your case.

Do not assume a scheduling conflict counts as one of those limited circumstances. Ask the representative which USCIS procedure applies, if any, and what they have confirmed. Keep their answer with your appointment plans so both spouses know it.

What is the newer September public charge change?

The August 18 public charge alert explains revised guidance for deciding whether an applicant is likely at any time to become a public charge. USCIS says the guidance is effective September 18, 2026. It applies to Forms I-485 subject to this ground of inadmissibility that were postmarked or electronically submitted on or after that date.

This matters to marriage-based applicants because the alert lists spouses of U.S. citizens and spouses of lawful permanent residents among the categories subject to public charge. It also lists exempt categories. Read the USCIS category table with a qualified legal adviser if you are unsure which category governs your application. Being married is not enough information for me to classify your case.

USCIS says officers consider age, health, family status, assets and financial status, and education and skills. The alert also describes consideration of other relevant factors and means-tested public benefits. It distinguishes benefits received before September 18 from those received on or after that date. These details appear in the section on making public charge determinations.

I am not going to reduce that guidance to a list of answers to memorize. Nor will I tell you to stop receiving a benefit based on a blog post. If this issue may affect you, bring the actual records and dates to a qualified legal adviser. The useful preparation task is to find the facts, not to guess at a legal result.

Does a September interview date put you under the new guidance?

The date of your appointment is not the test stated in the alert. USCIS ties the revised guidance to the Form I-485 postmark or electronic submission date, on or after September 18, 2026, for applications subject to public charge. Check the effective-date paragraph before treating a news headline as an instruction for your pending case.

My practical suggestion is to locate your filing records first. Keep the filing date separate from the appointment date in your notes. If you cannot establish which date matters, ask your lawyer to check. Do not substitute the date you remember signing a form for the date USCIS names in its guidance.

There is a related form change. In its August 19 Form I-485 alert, USCIS says the 09/18/26 edition replaces the 01/20/25 edition. It says there is no grace period. The older edition is accepted if postmarked or electronically submitted before September 18, but rejected if submitted on or after that date.

That announcement concerns filing the form. It does not instruct every person with a pending application to file again because an interview is approaching. Read the edition notice as written. If you think a filing problem affects you, take it to your lawyer rather than sending a replacement based on this article.

Can you record the real field office interview?

The field office recording policy says cell phone, video, and audio recording are prohibited. It also prohibits traditional and cell phone photography, unless specifically allowed during naturalization ceremonies. A marriage green card interview is not that exception.

The USCIS Policy Manual chapter on conduct in facilities also says phones should be silenced in the waiting area. It says phones should be turned off during interviews or while USCIS staff serve you at the information counter. Permission to possess a device depends on the facility's policies.

I would not plan to leave a voice recorder running, start a transcription tool, or record the appointment through a practice app. The recording prohibition includes audio, not just video. Keep your practice tools at home and follow the office's device instructions.

What did these changes not replace?

The attendance alert does not replace your appointment notice. The field office page tells visitors to use that notice to confirm the address. It also says offices do not allow walk-ins. Check your own notice instead of assuming that the closest building is where you should go.

The same page advises visitors to check for office closures before traveling. I would put that check beside the travel arrangements, not inside the practice plan. You can prepare your answers well and still need to confirm that the office is open. The office closure guidance is the source for that step.

None of these notices turns Ready for My Interview into legal representation. The app is for practice only. It cannot decide whether an exception applies, select a filing edition for your case, or predict approval. Our lawyer preparation page explains that boundary.

How would I change a couple's preparation plan?

I would first resolve attendance with the representative, if you have one. Then I would put any question about the September filing changes in a separate note for legal review. That keeps a legal question from being mistaken for something you can fix by giving a smoother answer.

Once those questions are with the right person, continue ordinary speaking practice. Ask a question about your shared life and let one spouse answer without help. Review uncertain dates afterward. The guide to practicing separately with your spouse describes that method without asking you to create a shared script.

If a practice answer raises a question about a filed form, stop and identify the source of the concern. Write down what you said and what the document says. Ask your lawyer about the legal issue. Repeating a sentence until it sounds confident does not tell you whether a filing needs attention.

For the final week, I would keep practical arrangements visible and practice short. Our week-before practice plan is a suggested schedule, not an evidence checklist. You can use questions read aloud at home. Buying a practice product is not a requirement.

How will I keep this post updated?

I checked the USCIS newsroom, its alerts, and the linked primary sources on October 16, 2026. The newer September changes belong beside the May attendance rule because a couple may need to check both. I will update this post when the policy changes. Before your appointment, return to the USCIS sources rather than relying on a saved copy of this article.