The U.S. government is significantly expanding the public charge analysis used in certain Green Card cases. Beginning September 18, 2026, USCIS will apply new rules when deciding whether an applicant is likely to become dependent on government assistance in the future. The change follows the Department of Homeland Security’s rescission of the more limited 2022 public charge regulations.
Under the new policy, USCIS officers may examine a much broader picture of an applicant’s circumstances. This can include the applicant’s age, health, family situation, financial resources, assets, education, skills, employment history, and receipt of certain government benefits. Means-tested public benefits received on or after September 18, 2026 may be considered as part of the analysis. However, USCIS is still required to look at the totality of the circumstances, and no single factor—such as unemployment, disability, or age—automatically makes someone inadmissible as a public charge.
The new rules are particularly important for people filing Form I-485 to adjust status and obtain a Green Card inside the United States. Applicants who are subject to the public charge ground should expect USCIS to scrutinize their financial circumstances more closely. In many family-based cases, the Form I-864 Affidavit of Support will remain extremely important, but USCIS may also evaluate whether the sponsor realistically has the income and resources necessary to support the immigrant. Applicants should not assume that simply submitting an I-864 automatically resolves every public charge concern.
Another major development is the return of the Public Charge Bond. If USCIS believes an applicant is inadmissible solely because of public charge concerns, USCIS may, in its discretion, give the applicant an opportunity to post a bond using Form I-945 rather than deny the Green Card application outright. The bond is intended to protect the government if the immigrant later receives prohibited public benefits. USCIS—not the applicant—determines whether the bond option will be offered, and it is not available as a matter of right.
The Department of State has also begun using public charge bonds in some immigrant visa cases processed through U.S. consulates abroad. Under a pilot procedure announced in August 2026, a consular officer may notify a selected immigrant visa applicant that a public charge bond may be used to overcome a refusal under INA § 212(a)(4). Bond amounts are determined based on the circumstances of the individual case. This does not mean that every Green Card or immigrant visa applicant must post a bond.
There are also important exceptions. Public charge rules do not apply in the same way to every immigrant. Refugees, asylees, certain VAWA self-petitioners, U and T visa applicants, and several other humanitarian categories have statutory or regulatory protections from the public charge ground of inadmissibility. Green Card holders applying for naturalization also are not applying for admission or adjustment of status simply by filing an N-400.
For immigrants planning to file for adjustment of status after September 18, 2026, financial preparation may now be just as important as proving the underlying family or employment relationship. Applicants should carefully review any public benefits they have received, their household income, employment history, health insurance, assets, debts, sponsor qualifications, and supporting financial documentation before filing.
If you are applying for a Green Card and are concerned about the new public charge rules, government benefits, your sponsor’s income, or whether USCIS could require a public charge bond, contact Shepelsky Law Group before filing. Our immigration attorneys can review your eligibility, identify potential public charge problems, and help prepare the strongest possible application. Call Shepelsky Law Group at +1 (718) 769-6352 [landline] or visit shepelskylaw.com to schedule a consultation.