A new rule governing how the United States evaluates whether applicants for adjustment of status to lawful permanent residence may be considered a “public charge” will take effect on September 18, 2026.
The new Public Charge Final Rule provides updated guidance on the circumstances under which an applicant may be deemed a public charge, how the use of certain public benefits will be evaluated, and which categories of immigrants may be exempt from the rule.
On August 21, U.S. Citizenship and Immigration Services (USCIS) announced that the new guidance had been incorporated into the USCIS Policy Manual. Earlier, on July 16, 2026, the Department of Homeland Security (DHS) announced a new final rule rescinding the Biden administration’s 2022 public charge regulations. The rule was published in the Federal Register on July 20 and is scheduled to take effect on September 18.
According to USCIS, the new policy is intended to promote immigrant self-sufficiency and reduce excessive reliance on certain government-funded public benefits. However, receiving a government benefit will not automatically make an applicant a public charge. USCIS officers will assess each case based on the applicant’s overall circumstances.
## Overall Circumstances to Be Considered
The new guidance places particular emphasis on the “totality of the circumstances” standard. USCIS officers may consider a range of factors, including the applicant’s age, health, family situation, assets and financial resources, education and skills. Other relevant information about the applicant’s circumstances may also be considered.
An applicant’s history of receiving public benefits will also play an important role. These may include means-tested cash assistance, housing assistance, food assistance or food stamps, and other similar means-tested public benefits.
The timing of benefit use will also matter.
For benefits received before September 18, 2026, USCIS will generally consider certain types of benefits, including government cash assistance for income maintenance and government-funded long-term institutional care.
For benefits received on or after September 18, however, officers may consider all relevant public benefits covered by the new rule.
This does not mean that receiving a government benefit will automatically result in denial of a green card application. USCIS will consider the applicant’s age, health, family circumstances, financial situation, education, skills and benefit history together. No single factor is intended to automatically determine whether an applicant is a public charge.
## Affidavit of Support May Also Matter
Form I-864, Affidavit of Support, may also play an important role in assessing an applicant’s financial circumstances.
Through the form, a sponsor agrees to provide financial support to an immigrant if necessary. As a result, USCIS may consider not only the applicant’s financial situation but also the sponsor’s obligations and financial ability to provide support.
In general, the public charge ground of inadmissibility may apply to applicants seeking lawful permanent residence through adjustment of status if their immigration category is not exempt under U.S. law. This can include certain family-based and employment-based immigration categories.
Therefore, applying for a green card through a family relationship or employment does not automatically mean an applicant is exempt from the public charge rules.
## Certain Immigrants Are Exempt
U.S. law exempts certain immigrants and applicants from the public charge ground of inadmissibility.
These include certain asylees, refugees and special immigrants, certain nonimmigrants who are victims of human trafficking or qualifying crimes, applicants under the Violence Against Women Act (VAWA), and several other categories established by law.
Applicants with Temporary Protected Status (TPS), certain government employees and their family members, and individuals covered by specific humanitarian or historical legal provisions may also qualify for exemptions under certain conditions.
Whether an individual qualifies for an exemption depends on their specific immigration category and circumstances.
## Public Charge Bonds
Another significant feature of the new policy is the public charge bond.
In certain cases, if a USCIS officer determines that an applicant may otherwise be inadmissible on public charge grounds, the applicant may be given an opportunity to post a bond.
A public charge bond serves as a financial guarantee intended to ensure that the applicant does not become excessively dependent on certain public benefits in the future.
However, applicants cannot request or submit a public charge bond on their own initiative. A bond may be posted only if USCIS determines that the applicant is eligible and formally offers the opportunity to do so.
Depending on the circumstances, the bond may be provided in cash or through a surety company authorized to issue such bonds.
The amount of the bond will not be the same for every applicant. USCIS will determine the amount based on factors including the estimated public benefits the applicant could potentially receive over the next five years. Form I-945 will be used for the bond process.
Applicants cannot submit Form I-945 on their own unless USCIS has first offered them the opportunity to post a bond.
## New Rule Applies to Certain Form I-485 Applications
The new public charge guidance will apply to covered Form I-485 applications that are postmarked on or after September 18, 2026, or electronically filed on or after that date, where the public charge ground of inadmissibility applies.
The new guidance will also replace the previous applicable public charge guidance beginning on the effective date.
As a result, people filing adjustment-of-status applications on or after September 18 may face greater scrutiny of their financial circumstances, age, health, family situation, education, skills and history of receiving public benefits.
USCIS has emphasized, however, that applications will not be denied based on a single factor. Officers will make decisions based on the totality of the circumstances.
## Applicants Urged to Prepare Carefully
Applicants should review their immigration category, financial circumstances and history of receiving public benefits before the new rule takes effect.
Those planning to file Form I-485 on or after September 18 should also follow the new public charge guidance and use the updated **09/18/26 edition of Form I-485**. Using an incorrect or outdated version of the form could result in the application being rejected.
Immigration experts say the impact of the public charge rule can vary significantly from one applicant and case to another. Applicants are therefore advised to review the latest USCIS guidance before filing and, when necessary, seek advice from a qualified immigration attorney or authorized representative.
Although the new rule emphasizes an overall assessment of each applicant’s circumstances, accurate information and careful preparation will be more important than ever for those seeking adjustment of status.
