USCIS Issues Updated Guidance on Public Charge Rules
Kris Quadros-Ragar • August 27, 2026
U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance detailing how officers will evaluate "public charge" inadmissibility for individuals applying for green cards through adjustment of status.
This update follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public charge regulations. The new policy takes effect on September 18, 2026, and applies to all green card applications (Form I-485) postmarked or submitted on or after that date.
Who Is Subject to the Public Charge Rule?
Most family-based and employment-based green card applicants will be subject to the public charge ground of inadmissibility. This includes spouses, children, and parents of U.S. citizens or legal permanent residents, as well as most employment visa preference categories, investors, and diversity visa applicants.
Certain categories remain explicitly exempt under immigration law. These include:
- Asylees and refugees
- Victims of human trafficking (T visa) or crime (U visa)
- Violence Against Women Act (VAWA) self-petitioners
- Special Immigrant Juveniles
- Temporary Protected Status (TPS) applicants
- Certain military-related applicants and other designated humanitarian groups
How USCIS Will Make Determinations
USCIS officers will evaluate whether an applicant is likely to become a public charge by reviewing the totality of their circumstances on a case-by-case basis. Key factors include:
- Five Statutory Factors: Age, health, family status, assets/financial resources, and education or skills.
- Affidavit of Support: Submission of Form I-864 executed by a sponsor.
- Use of Public Benefits: USCIS will look at means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps (SNAP), or college financial aid.
Note on timing: For benefits received before September 18, 2026, USCIS will only consider public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, the broader consideration of all listed means-tested benefits will apply.
Public Charge Bonds
If an officer determines that an applicant is inadmissible solely on public charge grounds, USCIS may issue a Notice of Intent to Deny that invites the applicant to post a public charge bond using Form I-945. If an invited applicant successfully posts the required cash or surety bond, USCIS may approve the application for permanent residence. Public charge bonds can only be submitted if explicitly invited by USCIS.
Santos Lloyd Law Firm will continue to monitor immigration developments closely and provide updates as further implementation details are released. For more information, please access:
https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kris Quadros-Ragar
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