The US Citizenship and Immigration Services (USCIS) has announced updated guidance regarding the assessment of green card applicants’ likelihood of becoming a ‘public charge.’ These changes will broaden the evaluation of government benefits that applicants may receive. The new guidelines are set to take effect on September 18, 2026.
The agency also said the new guidance is intended to guide, rather than prescribe, how officers exercise their discretion. The guidance also explains when USCIS may allow an applicant to post a public charge bond.
One of the most consequential parts of the guidance is USCIS’ treatment of means-tested benefits received after September 18. Applicants should therefore determine whether their particular immigration category is subject to the public charge ground before assuming the new guidance applies to them.
The guidance follows a final rule from the Department of Homeland Security that rescinds the Biden-era 2022 public charge regulations. The new framework will apply to Form I-485 applications subject to the public charge ground of inadmissibility that are postmarked or submitted electronically on or after September 18. That represents a major change for applicants whose immigration cases could be affected by the public charge ground.
