Public Charge Ground of Inadmissibility

Key changes

• U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA). This revised guidance stems from the rescission of the Public Charge Ground of Inadmissibility (“2022 Final Rule”). This guidance becomes effective September 18, 2026.
• Removes references to regulatory terms and concepts associated with the rescinded 2022 Final Rule.
• Provides updated guidance for making public charge inadmissibility determinations under INA 212(a)(4).
• Reiterates the categories of aliens who are exempt from, or may obtain a waiver of, the public charge inadmissibility ground.
• Provides scenarios to illustrate the practical application of the totality of the circumstances analysis used in the public charge inadmissibility determination.
• Explains the consideration of mandatory statutory factors and other relevant information, such as current or past receipt of means-tested public benefits, including which means-tested public benefits received before September 18, 2026, will be considered and which means- tested public benefits received on or after September 18, 2026, will be considered, consistent with the 2026 Final Rule.
• Reiterates that no one factor, other than the lack of a sufficient Affidavit of Support Under Section 213A of the INA (Form I-864 or Form I-864EZ), if required, can be the sole basis for determining whether an alien is likely at any time to become a public charge.
• Describes the public charge bond process for an alien who applied for adjustment of status, who has been found inadmissible only under the public charge ground, and who has been invited to post a public charge bond.
• Provides officers with guidance to determine appropriate bond amounts when inviting aliens to post a public charge bond.
• Provides guidance on maintenance, breach, and cancellation of public charge bonds.