USCIS has published updated guidance regarding how it will evaluate the public charge ground of inadmissibility.
The new rule takes effect September 18, 2026, and will apply to adjustment of status applications (Form I-485) filed on or after that date.
Understanding the Updated Guidance
The public charge assessment determines whether an applicant is likely to become a public charge. The public charge ground does not apply to all adjustment applications; certain categories are exempt, including certain refugees, asylees, Special Immigrant Juveniles, T and U nonimmigrants, VAWA self-petitioners, and other humanitarian or special immigrant categories.
The new rule rescinds the 2022 public charge regulations and gives USCIS officers broader discretion to consider the totality of applicant’s circumstances, including:
- Age
- Health
- Family status
- Assets, resources, and financial situation
- Education and skills
- The Form I-864, Affidavit of Support, when applicable
- Other relevant information, including certain public benefits
No single factor will necessarily determine the outcome. In certain cases, USCIS may give the applicant an opportunity to post a public charge bond.
What This Means for Applicants
Public charge determinations are made on a case-by-case basis, considering the totality of each applicant’s circumstances.
Individuals who may be affected by the new rule and are eligible to file for adjustment of status before September 18 should consult with immigration counsel regarding the timing of their filing.
Our office will continue to monitor these developments and provide additional information as USCIS implements the new guidance.