- Effective date: Sept. 18, 2026
- Rescinds 2022 Biden-era regulations
- Considers 5 statutory factors: age, health, family, assets, education
- Public charge bonds require USCIS invitation
- Exempts asylees, refugees, and certain categories
What is changing
USCIS has updated its policies for determining public charge inadmissibility for individuals applying to adjust their status to lawful permanent residents. The changes take effect on September 18, 2026, and replace previous regulations from 2022. The guidance clarifies which applicants are subject to public charge rules and how officers will assess eligibility.
Key factors in determinations
USCIS officers will evaluate five statutory factors: age, health, family status, assets/resources, and education/skills. They will also review receipt of means-tested benefits, with different rules for benefits received before and after September 18, 2026. Officers may consider Form I-864, an Affidavit of Support, as part of the assessment.
Exemptions and eligibility
Most immigrants applying for adjustment of status are subject to public charge rules unless they fall into specific exempt categories. These include asylees, refugees, certain family members of U.S. citizens, and individuals under special programs like the Cuban Adjustment Act. The full list of exemptions is detailed in the guidance.
Public charge bonds process
If an applicant is deemed likely to become a public charge, USCIS may invite them to post a bond. This financial guarantee ensures the applicant will not rely on government benefits. Bonds can be cash or surety, but only applicants receiving a formal invitation from USCIS can submit them. The bond amount depends on potential government assistance the applicant might receive over five years.
Implementation timeline
The new guidance becomes effective on September 18, 2026, and applies to all adjustment of status applications postmarked or submitted electronically on or after that date. It supersedes previous policies, including the 1999 Interim Field Guidance.
"U.S. Citizenship and Immigration Services (USCIS) is issuing updated guidance in the USCIS Policy Manual explaining how the agency will determine whether an alien applying for adjustment of status to that of a lawful permanent resident is likely at any time to become a public charge." USCIS announcement
For background on the categories these changes affect, see our guides to the employment-based routes.
Sources
All accessed 2 September 2026.
- USCIS Issues Guidance on Making Public Charge Inadmissibility Determination. The announcement this post summarises.
- USCIS Policy Manual.
- Form I-864, Affidavit of Support Under Section 213A of the INA.
- Form I-945, Public Charge Bond.
- guidance.
- Forms I-485, Application to Register Permanent Residence or Adjust Status.
Frequently asked questions
When does the new guidance take effect?
The guidance becomes effective on September 18, 2026.
Can I apply for a public charge bond without an invitation?
No. USCIS will only accept bonds from applicants who receive a formal invitation in a Notice of Intent to Deny.
What categories are exempt from public charge rules?
Exemptions include asylees, refugees, certain family members of U.S. citizens, and individuals under special programs like the Cuban Adjustment Act.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
