Takeaways
- USCIS’s updated public charge guidance applies to Form I-485 applications postmarked or electronically submitted on or after Sept. 18, 2026.
- USCIS will determine whether an applicant is likely to become a public charge through a prospective evaluation based on the totality of the circumstances.
- A qualifying Form I-864, Affidavit of Support, alone does not establish that an adjustment applicant is not inadmissible on public charge grounds.
Article
USCIS issued updated guidance in the USCIS Policy Manual explaining how the agency will determine whether an adjustment of status applicant is likely to become a public charge. The guidance applies to I-485 applications postmarked or electronically submitted on or after Sept. 18, 2026, when the revised Form I-485 takes effect.
The public charge ground of inadmissibility applies to specified family-based and employment-based applicants. These categories include spouses, children, parents, and certain other relatives of U.S. citizens and lawful permanent residents; fiancé(e)s of U.S. citizens; priority workers; professionals with advanced degrees or individuals of exceptional ability; skilled workers, professionals, and other workers; investors; and religious workers. The public charge ground also applies to diversity visa immigrants and certain other specified categories. USCIS reiterates that children are not exempt from the public charge ground of inadmissibility.
USCIS provides the following general guidance:
(1) Any means-tested public benefit is indicative of an applicant’s likelihood to become a public charge;
(2) The likelihood of an applicant becoming a public charge is a prospective evaluation made in the totality of the circumstances;
(3) Applicants who are incapable of earning a livelihood and have limited financial resources may be more likely to become public charges; and
(4) USCIS has discretion to consider more than a sponsor’s submission of Form I-864.
The USCIS policy provides that the agency will consider an applicant’s assets, resources, and financial status in making a public charge admissibility determination. In addition to updating the policy with respect to means-tested public benefits, USCIS also provides specific guidance with regard to the five statutory factors used in making public charge inadmissibility determinations (1) age; (2) health; (3) family status; (4) assets, resources, and financial status; and (5) education and skills. Other relevant factors include willingness and ability to work/employment, use of USCIS fee waivers, primary caregiver responsibility, active-duty service or relation to active-duty servicemember, and adverse circumstances.
USCIS also provides that a Form I-864 (when required), alone, does not result in a finding that an adjustment of status applicant is not inadmissible. Rather, Form I-864 is only considered in the totality of the circumstances at the USCIS officer’s discretion. USCIS officers should consider whether the sponsor will actually provide financial support to the sponsored adjustment of status applicant.
An officer may invite an adjustment of status applicant who has been found inadmissible only because they are likely to become a public charge to post a public charge bond. The USCIS officer has discretion to determine the amount of the bond based on how much government assistance the applicant may potentially receive in the next five years.
Jackson Lewis attorneys are monitoring implementation of the revised USCIS public charge guidance. If you have questions about the revised Form I-485, the Public Charge Final Rule, or any pending or upcoming adjustment of status filings, please reach out to our team for help navigating these changes and keeping your immigration matters on track.
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