U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance in the USCIS Policy Manual explaining how the agency will determine whether an individual applying for adjustment of status to lawful permanent resident is likely at any time to become a public charge.
Overview of the 2026 Public Charge Update
On July 16, 2026, the Department of Homeland Security (DHS) announced a final rule rescinding the 2022 public charge inadmissibility regulations. The final rule was published in the Federal Register on July 20, 2026, and takes effect on September 18, 2026.
The updated guidance is intended to align public charge determinations with congressional intent that individuals seeking admission or adjustment of status be self-sufficient and not dependent on taxpayer-funded government benefits.
The guidance identifies the immigration categories subject to the public charge ground of inadmissibility, as well as categories Congress has exempted. It also explains the factors USCIS officers consider, the evidence that may be reviewed, and the process for public charge bonds.
Aliens Subject to the Public Charge Ground of Inadmissibility
Individuals applying for adjustment of status to lawful permanent resident are generally subject to the public charge ground of inadmissibility unless their immigration category is exempt. The following summarizes the categories identified in the updated guidance.
| Categories Subject to Public Charge | Categories Not Subject to Public Charge |
| Spouses, children, and parents of U.S. citizens | Asylees and refugees |
| Spouses, children, and unmarried sons and daughters of lawful permanent residents | Amerasian immigrants at admission |
| Brothers and sisters of U.S. citizens | Afghan and Iraqi interpreters, and certain Afghan and Iraqi nationals employed by or on behalf of the U.S. government |
| Certain employment-based immigrants, including priority workers | Cuban and Haitian entrants adjusting status under section 202 of the Immigration Reform and Control Act of 1986 |
| Professionals with advanced degrees or aliens of exceptional ability | Applicants seeking adjustment under the Cuban Adjustment Act |
| Skilled workers, professionals, and other workers | Nicaraguans and other Central Americans adjusting status to lawful permanent resident |
| Investors | Haitians adjusting status under the Haitian Refugee Immigration Fairness Act of 1998 |
| Religious workers | Lautenberg parolees |
| Certain employees or former employees of the U.S. government abroad | Special immigrant juveniles |
| Panama Canal Zone employees | Applicants for registry |
| Foreign medical school graduates | Applicants seeking Temporary Protected Status |
| Retired employees of international organizations | Certain nonimmigrant ambassadors, ministers, diplomats, other foreign government officials, and their families |
| U.S. armed forces personnel | Victims of human trafficking (T nonimmigrants) |
| International broadcasters | Victims of qualifying criminal activity (U nonimmigrants) |
| Diversity visa immigrants | VAWA self-petitioners |
| Certain entrants before January 1, 1982 | Certain battered aliens who are qualified aliens under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 |
| Alien witnesses or informants | Applicants adjusting status who qualify for a benefit as surviving spouses, children, or parents of U.S. citizens |
| American Indians born in Canada who are not U.S. citizens | Diplomats or high-ranking officials unable to return home under Section 13 of the Act of September 11, 1957 |
| Certain members of the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma | Certain military-related categories |
| Certain other preference and adjustment categories not specifically exempted by statute | Nationals of Vietnam, Cambodia, and Laos applying under the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2001 |
| Polish and Hungarian parolees | |
| Certain Syrian nationals | |
| Applicants adjusting status under the Liberian Refugee Immigration Fairness law |
Note: Public charge applicability depends on the specific immigration classification and statutory exemption. Applicants should review the applicable category and current USCIS guidance rather than relying solely on a general list.
How USCIS Makes Public Charge Inadmissibility Determinations
The Immigration and Nationality Act (INA) does not provide a single definition of “public charge” or “likely at any time to become a public charge.” Instead, Congress requires USCIS officers to consider five statutory factors when making public charge inadmissibility determinations:
- Age
- Health
- Family status
- Assets, resources, and financial status
- Education and skills
USCIS may also consider Form I-864, Affidavit of Support Under Section 213A of the INA, when applicable. The affidavit is executed by a person who agrees to use their financial resources to support the intending immigrant.
Public Benefits and the Timing of Receipt
USCIS officers may consider other relevant evidence when evaluating whether an applicant is likely at any time to become a public charge, including the applicant’s receipt of means-tested public benefits.
For means-tested public benefits received before September 18, 2026, USCIS will consider the applicant’s receipt of public cash assistance for income maintenance and long-term institutionalization at government expense.
For means-tested public benefits received on or after September 18, 2026, USCIS will consider any and all such benefits as relevant evidence in the public charge analysis.
Examples of means-tested benefits that may be relevant under the updated framework include cash assistance for income maintenance, housing assistance, food assistance, financial aid for college, and similar benefits.
USCIS will review the relevant evidence in the record and make a case-by-case determination based on the totality of the circumstances.
Public Charge Bonds
If a USCIS officer determines that an applicant for adjustment of status is inadmissible only because the applicant is likely at any time to become a public charge, the officer may invite the applicant to post a public charge bond.
A public charge bond is a financial guarantee. An individual or company may provide a cash bond or a surety bond to USCIS as assurance that the applicant will not become a public charge. If the applicant posts the required bond in accordance with the applicable notice and form instructions, USCIS may approve the adjustment of status application.
When determining the amount of a public charge bond, the USCIS officer will consider the amount of government assistance the applicant may be eligible to receive and potentially receive during the following five years.
If USCIS invites an applicant to post a public charge bond, the applicant may submit a cash bond or a surety bond through a surety company certified by the U.S. Treasury by filing Form I-945, Public Charge Bond.
Applicants may submit Form I-945 only after receiving an invitation from USCIS, generally through a Notice of Intent to Deny. USCIS will not accept a public charge bond from an applicant who has not received such an invitation.
Effective Date and Applicability
The updated USCIS Policy Manual guidance is controlling and supersedes related prior guidance, including the 1999 Interim Field Guidance and other guidance addressing public charge inadmissibility.
The guidance is effective September 18, 2026, and applies to Forms I-485, Application to Register Permanent Residence or Adjust Status, that are subject to the public charge ground of inadmissibility and are postmarked or electronically submitted on or after that date.
What Applicants Should Know
- Determine whether your immigration category is subject to or exempt from the public charge ground of inadmissibility.
- Prepare evidence addressing the five statutory factors and other relevant circumstances.
- Understand how the timing of public benefit receipt may affect the analysis.
- Review the role of Form I-864 when an affidavit of support is required.
- If USCIS invites you to post a public charge bond, follow the Notice of Intent to Deny and Form I-945 instructions carefully.
- Because public charge determinations are case-specific, consider obtaining qualified immigration legal advice when the issue may affect an adjustment of status application.
Important Source Note
This revised article is based on the USCIS Policy Manual update and the 2026 public charge final-rule information provided in the source material. Immigration rules and agency guidance can change; applicants should consult the current USCIS Policy Manual and applicable official notices for the latest requirements.
Immigration Fleet Law Firm