U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance on how officers will determine whether certain applicants for lawful permanent residence may be inadmissible under the public charge ground of inadmissibility.
The guidance follows a Department of Homeland Security final rule published on July 20, 2026, which rescinds the 2022 public charge regulations. The new rule and guidance take effect on September 18, 2026, and apply to covered Forms I-485 postmarked or electronically submitted on or after that date.
Who Is Subject to Public Charge Review?
Many family-based and employment-based adjustment of status applicants are subject to the public charge ground unless their immigration category is specifically exempt.
Certain humanitarian and other protected categories are exempt, including, among others, refugees, asylees, certain Special Immigrant Juveniles, T and U nonimmigrants, and certain VAWA self-petitioners.
Because eligibility and exemptions depend on the specific immigration category, applicants should carefully review how the rule applies to their individual circumstances.
What Will USCIS Consider?
When making a public charge determination, USCIS officers must consider several factors, including an applicant’s:
- Age
- Health
- Family status
- Assets, resources, and financial status
- Education and skills
Where applicable, USCIS may also consider Form I-864, Affidavit of Support.
USCIS will evaluate the relevant evidence based on the totality of the applicant’s circumstances, rather than relying on one factor alone.
How Are Public Benefits Treated?
For benefits received before September 18, 2026, USCIS will continue to apply the narrower framework used under the 2022 public charge rule.
For certain means-tested public benefits received on or after September 18, 2026, USCIS may consider a broader range of benefits as part of the overall public charge analysis.
Receiving a public benefit does not automatically mean that an applicant will be found inadmissible. Each case will be reviewed individually.
Public Charge Bonds
If USCIS determines that an adjustment applicant is inadmissible solely because of the public charge ground, USCIS may allow the applicant to post a public charge bond.
Applicants may only submit Form I-945, Public Charge Bond, if USCIS specifically invites them to do so. A bond should not be submitted without a USCIS request.
What Applicants Should Know
The September 18, 2026 effective date is important for individuals preparing to file for adjustment of status. Applicants should understand whether the public charge ground applies to their immigration category and how their individual financial and personal circumstances may be evaluated.
For the complete USCIS guidance, including detailed information on applicable and exempt immigration categories, public benefits, evidence, and public charge bonds, review the USCIS Policy Manual Update on Public Charge Inadmissibility.
Because public charge determinations are highly case-specific, individuals who have questions about how the updated guidance may affect their immigration case should seek advice based on their particular circumstances.
This article is provided for general informational purposes only and does not constitute legal advice.
Need Immigration Guidance?
Whether you’re an entrepreneur, investor, employer, international student, or highly skilled professional, Watson Immigration Law provides strategic legal guidance on employment-based and business immigration matters.
Schedule a consultation with our office today.
Tel: (206) 292-5237
Email: info@watsonimmigrationlaw.com
