USCIS Expands Public-Charge Review for Certain Green Card Applicants

By Arizona Asians Staff

U.S. Citizenship and Immigration Services has issued new guidance explaining how officers will determine whether certain applicants for lawful permanent residence are likely to become a “public charge.”

The guidance takes effect on Sept. 18, 2026, and applies to covered Form I-485, Application to Register Permanent Residence or Adjust Status, filings postmarked or submitted electronically on or after that date. The update follows a Department of Homeland Security final rule rescinding the 2022 public-charge regulations. USCIS says the new guidance supersedes the 1999 Interim Field Guidance and related prior policies.

Who Is Subject to Public-Charge Review?

Most people applying to adjust their status to permanent residence are subject to the public-charge ground of inadmissibility unless Congress has specifically exempted their immigration category. Categories generally subject to review include:

• * Immediate and family-preference relatives of U.S. citizens and permanent residents

• * Fiancé(e)s of U.S. citizens

• * Employment-based immigrants, including priority workers, professionals, skilled workers and investors

• * Diversity visa immigrants

• * Religious workers and certain other special immigrants

Several humanitarian and specially protected categories remain exempt, including:

• * Refugees and asylees

• * Special immigrant juveniles

• * T and U nonimmigrants

• * Violence Against Women Act self-petitioners

• * Certain Afghan and Iraqi special immigrants

• * Certain Cuban, Haitian, Central American and Liberian applicants

• * Applicants for Temporary Protected Status

• * Certain surviving relatives of military members

• Applicants should confirm whether the rule applies to their specific immigration category rather than relying on a general description.

Factors USCIS Will Examine

The Immigration and Nationality Act requires officers to consider five principal factors:

• * Age

• * Health

• * Family status

• * Assets, resources and financial condition

• * Education and skills

USCIS may also consider a qualifying Form I-864, Affidavit of Support, where required, along with other evidence relevant to whether the applicant may become a public charge. The decision will be made individually under a “totality of the circumstances” review. Receiving one particular benefit does not, by itself, necessarily determine the outcome.

Broader Review of Public Benefits

A major change concerns which means-tested public benefits USCIS may consider. For benefits received before Sept. 18, 2026, USCIS says it will consider only public cash assistance for income maintenance and long-term institutionalization at government expense.

For benefits received on or after Sept. 18, 2026, officers may consider any means-tested public benefits received by the applicant. USCIS examples include:

• * Cash assistance for income maintenance

• * Housing assistance

• * Food stamps

• * Financial aid for college

• * Other similar means-tested benefits

The guidance does not state that using one of these programs automatically results in denial. Officers must review the applicant’s complete circumstances and all relevant evidence.

Public-Charge Bonds May Be Offered

If an officer concludes that an applicant is inadmissible solely because the person is likely to become a public charge, USCIS may invite the applicant to post a public-charge bond. The bond serves as a financial guarantee that the applicant will not become a public charge. USCIS will determine the amount by considering how much government assistance the person may be eligible to receive during the next five years. An applicant may provide a cash bond or obtain a surety bond from a Treasury-certified company using Form I-945, Public Charge Bond. Applicants must not submit Form I-945 unless USCIS specifically invites them to do so through a Notice of Intent to Deny. Unsolicited public-charge bonds will not be accepted. USCIS Form I-945 information

What Applicants Should Do

People preparing to file Form I-485 on or after Sept. 18 should carefully review the new requirements with a qualified immigration attorney or accredited representative.

Applicants should ensure that all financial information, benefit history and supporting documentation are complete and accurate. Sponsors should also confirm that any required Affidavit of Support meets current income and documentation requirements. Because public-charge determinations are fact-specific, families should avoid making major healthcare or benefit decisions based solely on general online information. The rule may not apply to the applicant’s immigration category, and the use of a benefit by another household member may involve different considerations.