U.S. Citizenship and Immigration Services (USCIS) issued new guidance changing how officers will evaluate whether certain adjustment of status applicants are likely to become a “public charge.”
The new guidance takes effect September 18, 2026, and applies to Forms I-485 postmarked or electronically submitted on or after that date. Applications filed before September 18 will continue to be adjudicated under the rules and guidance in effect when they were filed.
Under the new guidance, USCIS will conduct a broader review of an applicant’s circumstances to determine whether the person is likely to become dependent on the government to meet basic needs.
USCIS may consider factors including an applicant’s:
For benefits received on or after September 18, 2026, USCIS may also consider a broader range of means-tested public benefits than it has considered under the current rules. This may include certain government-funded health coverage, food assistance, housing assistance, and other income- or asset-based government benefits.
Importantly, no single factor generally determines whether someone is likely to become a public charge. Having received public benefits, having a medical condition, being unemployed, or having limited income does not automatically make someone ineligible for adjustment of status. USCIS must consider the applicant’s circumstances as a whole.
Benefits received by an applicant’s children or other family members also are not generally treated as benefits received by the applicant.
Many family-based adjustment applicants must submit Form I-864, Affidavit of Support, from a qualifying sponsor.
A sufficient Form I-864 remains required, but under the new guidance, meeting the minimum financial requirements for the Affidavit of Support may not end USCIS’s public charge inquiry. USCIS may consider the applicant’s broader financial circumstances and, in some cases, the sponsor’s ability and willingness to provide support.
The new rules do not mean that most adjustment applicants will have a public charge problem. They do mean that issues that may not have been significant under the prior rules could receive greater scrutiny in applications filed on or after September 18, 2026.
If you are preparing to file for adjustment of status and have concerns about public benefits, income, employment, health insurance, significant medical needs, household finances, or your sponsor’s financial circumstances, you should consider speaking with an immigration attorney before filing your Form I-485.
An attorney can review your individual circumstances, identify potential public charge concerns, and determine whether additional evidence may be helpful with your application.
At Delgado Rompf Bruen LLC, we are monitoring implementation of the new public charge guidance. If you are preparing to file for adjustment of status and have questions about how these changes may affect your case, please contact our office to schedule a consultation.
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