US Citizenship and Immigration Services (USCIS) has issued extensive new policy guidance on how it will apply the “public charge” ground of inadmissibility when reviewing Green Card applications. USCIS has announced that new Green Card rules will take effect on September 18, 2026. The updated guidance applies to all adjustment of status applications (Form I‑485) submitted on or after this date. Older versions of the form will no longer be accepted. Under the new rules, USCIS officers will conduct a stricter public charge test. Applicants will be evaluated on age, health, family status, assets, financial resources, education, and skills. Receipt of means‑tested public benefits after September 18 will count against applicants, while past cash assistance and long‑term institutionalization will also be considered.
What’s changing and when
The updated guidance implements a Department of Homeland Security (DHS) final rule, published in the Federal Register on July 20, 2026, that formally rescinds the 2022 public charge regulations. The new rules apply to Form I-485, the Application to Register Permanent Residence or Adjust Status, for any application postmarked or submitted electronically on or after September 18, 2026.Under the Immigration and Nationality Act, anyone deemed likely to become a “public charge,” meaning primarily dependent on government support, can be found inadmissible to the U.S., a determination that can lead to denial of a visa, entry, or Green Card. USCIS says the update aligns with congressional intent that immigrants in the U.S. be self-sufficient rather than dependent on taxpayer-funded government benefits.
A broader range of benefits will count
The most significant practical shift lies in which public benefits USCIS will actually weigh in these determinations. For benefits received before September 18, 2026, USCIS will continue applying the narrower 2022 standard, which considered only public cash assistance for income maintenance and long-term institutionalization at government expense. But for any means-tested public benefits received on or after September 18, 2026, officers will be able to consider any and all such benefits, a category that can include things like housing assistance, food stamps, and financial aid for college, according to USCIS.Officers will weigh this alongside five statutory factors and any other information relevant to assessing whether an applicant is likely to become a public charge at any point, reviewing each case individually rather than applying a single automatic threshold. USCIS has clarified that no single factor results in automatic inadmissibility, and that periods of unemployment, age, or disability alone are not, by themselves, treated as indicators of a likely public charge finding. A healthy individual who is willing and able to work is not expected to be found inadmissible on that basis alone.
The bond option
If USCIS determines that an applicant is inadmissible solely on public charge grounds, but is otherwise admissible and eligible, the agency may, at its discretion, invite the applicant through a Notice of Intent to Deny to post a Public Charge Bond using Form I-945. Posting a bond is not a guaranteed right and remains entirely at USCIS’s discretion. For bonds posted on or after September 18, 2026, a breach can occur if the bonded individual receives any income- or asset-tested public benefit during the bond’s validity period, or violates any condition set out in the bond agreement; a breach can result in forfeiture of the bond. Bonds posted before September 18, 2026, remain subject to the older, narrower standard.The role of Form I-864, the Affidavit of Support, also continues to matter under the new guidance. For family-based immigrants and certain employment-based immigrants, failing to submit a sufficient I-864 may itself lead to a public charge inadmissibility finding, and officers may separately evaluate whether a sponsor is realistically willing and able to provide financial support.
Who is affected
The rules apply broadly to family‑based and employment‑based applicants, including spouses, children, parents, and siblings of US citizens, as well as fiancé(e)s and preference category applicants. Several categories remain statutorily exempt from public charge review, however. These include refugees and asylees, current Green Card holders who are simply renewing their status, applicants for naturalization, and individuals applying under certain humanitarian protections, including T nonimmigrant visa and U nonimmigrant visa applicants, as well as those self-petitioning under the Violence Against Women Act (VAWA).
Key implications
* New Form I‑485 is mandatory from September 18.* Receipt of public benefits after the effective date will weigh against applicants.* USCIS officers will apply a totality of circumstances approach, reviewing all evidence case by case.
