U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance on how it will assess whether an individual applying for adjustment of status is likely to become a public charge. The update follows a Department of Homeland Security final rule published on July 20, 2026, which rescinds the 2022 public charge regulations. The new guidance takes effect September 18, 2026, and will apply to Form I-485 applications subject to the public charge ground that are filed on or after that date.
Under the updated framework, USCIS officers will continue to evaluate the five statutory factors required by the Immigration and Nationality Act: age, health, family status, financial resources, and education and skills. Officers may also consider other relevant information, including an applicant’s receipt of means-tested public benefits and the Form I-864, Affidavit of Support, when applicable. The determination remains a case-by-case assessment based on the totality of the circumstances. Benefits received before September 18, 2026, will generally be evaluated under narrower criteria, while means-tested benefits received on or after that date may be considered more broadly.
The guidance also addresses public charge bonds. In cases where USCIS determines that an adjustment applicant is inadmissible solely on public charge grounds, the agency may, as a matter of discretion, provide an opportunity to submit a public charge bond. The applicant may only submit Form I-945 after USCIS extends that opportunity, generally through a Notice of Intent to Deny. The bond may be posted as a cash bond or through a qualifying surety company, subject to USCIS requirements.
Who is affected?
The public charge ground generally applies to individuals seeking adjustment of status unless their immigration category is specifically exempt. The updated guidance identifies both the categories subject to the ground and numerous statutory exemptions, including certain refugees and asylees, T and U nonimmigrants, VAWA self-petitioners, special immigrant juveniles, certain military-related applicants, and other protected categories.
Practical implications
The broader treatment of means-tested benefits may be relevant to applicants who are preparing to file Form I-485 on or after September 18, 2026. Receiving a qualifying benefit does not, by itself, establish that an applicant is inadmissible. USCIS will consider the relevant circumstances together when making its determination.
INLG will continue monitoring implementation of the new guidance and can assist individuals in evaluating how the updated public charge framework may affect their adjustment of status strategy, including the timing of a filing and the documentation supporting the application.