What is “Public Charge?”

Public Charge” is a term used to describe a ground of inadmissibility (one of the reasons someone might be ineligible for permanent residence). Someone who might be considered a “public charge” is someone who is likely to depend on the U.S. government for support and benefits in the future. If an applicant for a green card is likely to become a public charge, their application could be denied.

Who does “Public Charge” apply to?

  • Spouses, children (under the age of 21), and parents of U.S. citizens
  • Unmarried sons and daughters (over the age of 21) of U.S. citizens
  • Spouses, children, and unmarried sons and daughters (over the age of 21) of Lawful Permanent Residents
  • Married sons and daughters (over the age of 21) of U.S. citizens and their spouses and children
  • Brothers and sisters of U.S. citizens
  • Fiancé(e)s of U.S. citizens
  • Widows or widowers of U.S. citizens

Who does “Public Charge” NOT apply to?

  • Asylees and refugees
  • Special immigrant juveniles
  • Victims of human trafficking (T nonimmigrants)
  • Victims of qualifying criminal activity (U nonimmigrants)
  • Self-petitioners under VAWA

What should I expect from the new Public Charge rule?

Below is an overview of some of the key changes found in the new rule. Please note this is not an all-inclusive list.

1. Proving a sufficient Form I-864, Affidavit of Support, is no longer enough on its own.

Under the new rule, the Form I-864 is a minimum requirement and only one factor that USCIS will consider.

After determining whether the sponsor’s income meets requirement (of at least 125 percent of poverty guidelines), the officer will then consider the other five factors: 1) the applicant’s age, 2) health, 3) family status, 4) assets, resources, and financial status, and 5) education and skills.

2. Pursuant to the new rule, USCIS will consider all means-tested government benefits received by the applicant or the applicant’s family members.

Means-tested benefits are those for which eligibility is determined by the recipient’s income and resources and include programs such as “cash assistance for income maintenance, housing assistance, food stamps, financial aid for college, or any other similar benefit.”

Assistance provided to the applicant as well as “their household or family unit” may be considered by USCIS.

3. USCIS will publish new editions of certain forms.

Starting September 18, the 09/18/26 edition of Form I-485 will be required. The form incorporates questions about the applicant’s income, financial situation, as well as the receipt of means-tested benefits.

Starting October 1, the 08/24/26 edition of Form I-864 will be required. The new edition “includes a privacy release that authorizes USCIS to request information [about the sponsor] from one or more consumer reporting agencies.” This in the line with the USCIS’ consideration with “whether the sponsor is actually willing to provide financial assistance” to the applicant.

USCIS may now consider the sponsor’s relationship to the applicant, whether they live with or intend to live together, whether he has provided required support to any immigrants he has previously sponsored, the degree to which his annual income exceeds the poverty guidelines, whether he receives means-tested public benefits, whether he has received a fee waiver from USCIS and his financial history, including a history of bankruptcy or failure to meet his financial responsibilities.

4. USCIS may invite an applicant who is believed likely to become a “public charge” to post a bond.

If an officer believes that an applicant is ineligible based on public charge but is otherwise eligible, USCIS may invite the applicant to pay a bond. A bond is a financial guarantee by the applicant to USCIS that he or she will not receive means-tested benefits or become a public charge.

USCIS provides officers with a framework for determining the amount of a bond. The regulations require a minimum bond amount of $1,000.00 but officers have discretion to require a substantially higher amount based on the circumstances of the case.

When does the new rule apply?

The new guidance takes effect September 18, 2026. Any application pending, filed or postmarked on or after September 18 will be considered under the new rule.

Note for consular processing cases: U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS), which oversees consulates and embassies do not share the same policies, so the USCIS rule doesn’t explicitly apply to cases reviewed by the DOS. However, the DOS appears to be training officers on a new policy, which will likely be very similar to USCIS’ policy. Moreover, the USCIS Form I-864, which is referenced above, is also used by the DOS.