USCIS has issued new guidance on how officers will decide public charge inadmissibility for most people filing Form I-485 to become lawful permanent residents starting September 18, 2026.
The guidance aligns with a DHS final rule published in the Federal Register on July 20, 2026, that rescinds the 2022 public charge regulations. Officers must consider five statutory factors: age, health, family status, assets/resources/financial status, and education/skills, along with any other relevant factor including receipt of means-tested public benefits.
Rules for means-tested public benefits differ by date. Benefits received before September 18, 2026, are limited to public cash assistance for income maintenance and long-term institutionalization at government expense. Benefits received on or after that date may include any means-tested public benefits. Most family- and employment-based applicants are subject to this ground unless they fall into an exempt category such as asylees, refugees, or certain special immigrants.
If an applicant is found inadmissible solely on public charge grounds, USCIS may invite the filing of a public charge bond using Form I-945. The new guidance applies to Forms I-485 postmarked or electronically submitted on or after September 18, 2026, and supersedes prior guidance including the 1999 Interim Field Guidance.
Applicants should review their eligibility and supporting documents before filing. Concrete next steps include consulting an immigration attorney to assess how the five factors and benefit rules may apply to an individual case.