USCIS update on public charge

The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance in the USCIS Policy Manual detailing how officers will determine whether an applicant for adjustment of status is “likely at any time to become a public charge.” This update follows a Department of Homeland Security final rule announced on July 16, 2026, which rescinds the 2022 Biden-era public charge regulations. The rule was published on July 20, 2026, and will take effect on September 18, 2026. The new guidance is intended to align with longstanding congressional intent that immigrants be self-sufficient and not dependent on taxpayer-funded benefits.

The guidance clarifies which categories of non-citizens are subject to the public charge ground of inadmissibility and which categories Congress has exempted. Most family-based and employment-based immigrants --such as spouses, children, and parents of U.S. citizens; spouses and children of lawful permanent residents; siblings of U.S. citizens; and employment preference categories-- are subject to public charge review.

In contrast, humanitarian categories and certain special programs are exempt. These include refugees, asylees, U and T visa holders, VAWA self?petitioners, Special Immigrant Juveniles, Temporary Protected Status applicants, Afghan and Iraqi interpreters, Cuban and Haitian entrants under specific statutes, Liberian Refugee Immigration Fairness applicants, certain diplomats, international broadcasters, and other congressionally-protected groups.

To determine whether an applicant is likely to become a public charge, USCIS officers must evaluate five statutory factors outlined in the Immigration and Nationality Act (INA): age; health; family status; assets, resources, and financial status; and education and skills. Officers may also consider Form I?864, Affidavit of Support, when required, as evidence of financial support from a sponsor. Beyond these statutory factors, officers may consider any other relevant evidence, including the applicant’s past or current receipt of means-tested public benefits.

The guidance distinguishes how benefits will be treated depending on when they were received. 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, USCIS may consider any means-tested public benefit, including food stamps, housing assistance, and financial aid for college. Officers will make decisions on a case-by-case basis, evaluating the totality of the applicant’s circumstances.

The guidance also explains the public charge bond process. If an applicant is inadmissible solely due to public charge concerns, USCIS may invite them to post a public charge bond. This bond --submitted via Form I?945-- serves as a financial guarantee that the applicant will not become a public charge. Bond amounts are determined based on the estimated government assistance the applicant might receive over the next five years. USCIS will only accept a bond if the applicant receives a formal invitation through a Notice of Intent to Deny.

This updated guidance supersedes all prior public charge policies, including the 1999 Interim Field Guidance, and applies to all Form I?485 applications postmarked or submitted electronically on or after September 18, 2026.