Recommended
U.S. Citizenship and Immigration Services (USCIS) announced an update to its policies for determining when a foreign national could be considered inadmissible for “public charge” reasons when applying for legal permanent residence, known as a Green Card. The new guidance will go into effect on September 18, 2026.
The update comes after the Department of Homeland Security (DHS) issued a final rule that removes public charge regulations implemented during the Biden administration in 2022. According to USCIS, the new guidelines seek to align with Congress's intent that immigrants be economically self-sufficient and not dependent on taxpayer-funded programs.
Who will be subject to the public charge assessment?
According to the agency, most people applying for an adjustment of status to become legal permanent residents will be subject to this review, unless they belong to an exempt category established by law.
Among the groups that will be assessed are immediate relatives of U.S. citizens, certain relatives of permanent residents, fiancés of U.S. citizens, investors, skilled workers, professionals with advanced degrees, religious workers, and diversity visa winners, among others.
Exempt categories
USCIS explained that several immigration categories will not be subject to this analysis. These include refugees, asylees, victims of human trafficking, U visa beneficiaries for crime victims, special immigrant juveniles, and applicants covered by specific laws, such as the Cuban Adjustment Act.
Also exempt are certain Afghan and Iraqi citizens who collaborated with the U.S. government, some humanitarian groups, and individuals protected under special programs established by Congress.
The five key factors that USCIS will review
The Immigration and Nationality Act (INA) establishes that immigration officers must evaluate five main factors to determine if a person could become a public charge in the future:
- Edad.
- Estado de salud.
- Situación familiar.
- Bienes, recursos y situación financiera.
- Educación y habilidades laborales.
In addition, officials may consider the Affidavit of Support (Form I-864), a document through which a sponsor commits to providing financial support to the immigrant.
The agency clarified that each application will be analyzed individually, taking into account the totality of the applicant's circumstances.
Public benefits that could be considered
One of the most relevant changes is the way the receipt of public benefits subject to means-testing will be evaluated.
For benefits received before September 18, 2026, USCIS will only consider public cash assistance for income maintenance and government-funded long-term institutionalization.
However, for benefits received on or after that date, officers may take into account a wider range of government support subject to income verification, including housing assistance, food stamps, financial aid for university studies, and other similar programs.
What is a public charge bond?
The new guidance also explains the mechanism known as a “public charge bond.” If an officer determines that an applicant is inadmissible solely for this reason, USCIS could give them the opportunity to provide a financial guarantee to continue their immigration process.
This bond may consist of a cash deposit or a surety issued by a company authorized by the U.S. Department of the Treasury. The goal is to ensure the person does not become a charge to the government.
Those who receive a formal invitation from USCIS may submit Form I-945, used specifically for this type of bond. The agency emphasized that it will not accept applications for this form from people who have not been previously invited via a Notice of Intent to Deny.
When do the changes go into effect?
The guidance published by USCIS replaces previous directives, including the 1999 Interim Field Guidance related to public charge inadmissibility. The new rules will be applicable to applications for adjustment of status (Form I-485) filed or submitted electronically on or after September 18, 2026.
With this update, USCIS seeks to establish clearer criteria for evaluating those seeking to obtain permanent residence in the United States, although it insists that each case will be analyzed individually and based on the specific circumstances of each applicant.
Join our WhatsApp channel. VIVE USA is now available! Stay informed from your mobile device about the most relevant news on travel, work, life in the United States and Canada, celebrities, trends, and much more.
[Publicidad]