New USCIS Public Charge Guidance: What Green Card Applicants Need to Know

USCIS has issued new guidance changing the way it will evaluate whether certain applicants for permanent residence are likely to become a “public charge.” The new policy became effective on September 18, 2026, and applies to adjustment of status applications subject to the public charge ground of inadmissibility that are postmarked or electronically filed on or after that date. The change follows a new Department of Homeland Security rule rescinding the public charge regulations that had been in effect since 2022. For families applying for a green card inside the United States, the change is important because USCIS will now consider a broader range of circumstances when deciding whether an applicant is likely in the future to depend upon government assistance.

What Does “Public Charge” Mean?

The public charge law allows the government to find certain immigrants inadmissible if they are considered likely at any time to become a public charge. There is no single test that determines the answer. Instead, USCIS officers are required to consider several factors about the applicant, including:

• age;
• health;
• family status;
• assets, resources, and financial circumstances; and
• education and skills.

USCIS may also consider a required Form I-864, Affidavit of Support, in which a qualifying sponsor agrees to financially support the immigrant. The important point is that USCIS will look at the applicant’s circumstances as a whole rather than relying on just one financial number.

Public Benefits Will Receive Greater Attention

One of the most important changes involves the use of government benefits. For benefits received before September 18, 2026, USCIS says that it will generally consider only public cash assistance for income maintenance and long-term institutionalization at government expense. For means-tested benefits received on or after September 18, 2026, however, USCIS says that it may consider a much broader range of benefits. The agency specifically mentions cash assistance, housing assistance, food stamps, financial aid for college, and other similar means-tested benefits. This does not mean that receiving one government benefit automatically results in the denial of a green card application. USCIS states that officers will review the relevant evidence and make an individualized decision based upon the totality of the applicant’s circumstances. That distinction is important. An applicant’s use of a public benefit may now become part of the analysis, but it is only one part of a much larger financial and personal picture.

Does the Public Charge Rule Apply to Family-Based Green Card Cases?

In many cases, yes. USCIS specifically lists spouses, children, and parents of U.S. citizens as being subject to the public charge ground of inadmissibility. It also applies to many other family-sponsored immigrants, including spouses and children of lawful permanent residents and brothers and sisters of U.S. citizens. There are also important exceptions. For example, refugees and asylees, certain VAWA self-petitioners, U visa and T visa applicants, Special Immigrant Juveniles, and several other categories are not subject to the public charge ground. Because the exceptions can be technical, applicants should not assume that the public charge rule either does or does not apply to them without first determining the immigration category under which they are applying.

What About Benefits Received by Children or Other Family Members?

This is an area where families should be careful not to jump to conclusions. The USCIS guidance discusses the applicant’s receipt of means-tested public benefits. It does not state that a U.S. citizen spouse or child receiving a benefit for his or her own benefit automatically makes the immigrant applicant a public charge. Families therefore should not unnecessarily stop benefits for U.S. citizen children or other eligible family members simply because an immigration application is pending. At the same time, applicants who personally receive means-tested benefits should carefully review how those benefits may affect their particular case under the new rules.

The Affidavit of Support Is Still Important

For most family-based immigration cases, the Form I-864 Affidavit of Support remains an important part of the public charge analysis. However, meeting the minimum income requirement for an Affidavit of Support should not necessarily be viewed as the end of the inquiry. Under the new framework, USCIS may examine the applicant’s broader financial situation, including assets, resources, employment prospects, education, health, family circumstances, and receipt of public benefits. For that reason, some adjustment applicants may benefit from providing a clearer and more complete picture of their household’s financial stability rather than treating the I-864 as simply another form that must be included with the application.

Public Charge Bonds May Be Available in Some Cases

The new guidance also addresses public charge bonds. If USCIS concludes that an applicant is inadmissible only because the person is likely to become a public charge, USCIS may give the applicant an opportunity to post a financial bond. The bond may be paid in cash or through an approved surety company using Form I-945. An applicant cannot simply file a public charge bond in advance. USCIS must first invite the applicant to do so through a Notice of Intent to Deny. Although this may provide an additional option in certain cases, it should not be considered a substitute for preparing a strong application from the beginning.

What Should Green Card Applicants Do Now?

For most applicants, the new rule does not mean that they should panic or assume that their application will be denied. It does mean that financial circumstances may deserve more attention than they received under the prior rules. Before filing an adjustment of status application, applicants should carefully review any means-tested government benefits they currently receive or have received, their household income and assets, the sufficiency of the Affidavit of Support, employment history and prospects, and any health or financial circumstances that might raise public charge concerns. Most importantly, applicants should avoid making important decisions about government benefits based simply on something they read online. Whether a particular benefit matters—and how much it matters—will depend upon the applicant, the benefit involved, the date it was received, and the person’s overall circumstances.

The Bottom Line

USCIS’s new public charge policy gives immigration officers greater latitude to examine the overall financial circumstances of applicants for permanent residence. For benefits received beginning September 18, 2026, USCIS may also consider a broader range of means-tested government benefits than it considered under the previous rules. For many family-based applicants with stable financial circumstances and a sufficient Affidavit of Support, public charge may still present little difficulty. Applicants with a history of receiving public benefits, limited income or assets, significant health issues, or other financial concerns should consider addressing those issues carefully before filing. Every immigration case is different, and the effect of the new public charge rules will depend upon the facts of the individual case.

Need Help With a Family-Based Green Card Application?

The Law Offices of Sean D. Hummel represents individuals and families in family-based immigration, adjustment of status, and other U.S. immigration matters. If you have questions about how the new public charge rules may affect your green card application, please contact our office to schedule a consultation.

Important Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws, regulations, and USCIS policies can change, and the application of the law depends upon the particular facts of each case. Reading this article does not create an attorney-client relationship. Individuals with questions regarding their immigration status or eligibility for an immigration benefit should consult with a qualified immigration attorney.