The U.S. Citizenship and Immigration Services (USCIS) has rolled out updated guidance in its Policy Manual, spelling out how the agency will assess whether green card applicants are likely to become a "public charge" - a key factor in permanent residency decisions.
The move follows a Department of Homeland Security rule announced on July 16, 2026, that formally rescinds the Biden administration's 2022 public charge regulations. The rule takes effect September 18, 2026, and USCIS says it reflects congressional intent that immigrants in the U.S. remain self-sufficient rather than reliant on taxpayer-funded benefits.
Who's Affected
Under the new guidance, all applicants seeking to adjust their status to lawful permanent resident fall under the public charge inadmissibility ground - unless their specific immigration category is exempt. USCIS has laid out full lists of who is subject to the rule and who is excluded.
How Officers Will Decide
The Immigration and Nationality Act doesn't define "public charge" outright, but it requires officers to weigh five statutory factors: an applicant's age, health, family status, financial resources, and education/skills. Officers may also factor in a sponsor's Form I-864 Affidavit of Support.
Beyond those core factors, USCIS will also look at whether an applicant has received means-tested public benefits - things like cash assistance, housing aid, food stamps, or college financial aid. Notably, the rule draws a line in time: benefits received before September 18, 2026 will only count if they were cash assistance for income maintenance or long-term institutionalization at government expense. Benefits received on or after that date, however, will all be fair game for consideration. Each case will be judged individually based on the totality of circumstances.
The Bond Option
Applicants who are deemed inadmissible solely on public charge grounds may get a lifeline: a public charge bond. This is a financial guarantee - a cash or surety bond - posted with USCIS to assure the government the applicant won't become a public burden. If accepted, the bond can clear the way for approval of the applicant's green card.
Bond amounts will be calculated based on how much government assistance the applicant could potentially draw over five years. Importantly, applicants can't request this option themselves - they can only submit the required Form I-945 if USCIS explicitly invites them to via a Notice of Intent to Deny.
What It Replaces
The new guidance overrides all prior related policy, including the 1999 Interim Field Guidance, and will apply to all Form I-485 adjustment-of-status applications filed on or after September 18, 2026.