USCIS Expands Public Charge Criteria for Permanent Residency Applicants
· Telemundo McAllen (KTLM)
The U.S. Citizenship and Immigration Services (USCIS) has updated its guidelines for determining when an individual applying to adjust their status to become a permanent resident may be considered likely to become a 'public charge.' The changes will take effect on September 18, 2026, following the Department of Homeland Security's (DHS) rescission of public charge regulations established in 2022 during the Biden administration. The public charge rule generally applies to individuals seeking permanent residency through immigration categories that are not exempt by law. Those who may be subject to this evaluation include certain spouses, children, and parents of U.S. citizens, relatives of permanent residents, fiancés of U.S. citizens, some employment-based immigrants, and investors, among other categories. However, there are numerous exceptions, including refugees, asylees, certain T and U visa beneficiaries, some self-petitioners under the Violence Against Women Act (VAWA), special immigrant juveniles, and applicants protected by specific humanitarian laws. USCIS will evaluate five legally established factors: age, health, family situation, assets and economic resources, and education and skills. They may also consider other relevant case elements, including the receipt of certain public benefits subject to economic criteria. The date of September 18, 2026, is crucial; for benefits received before this date, USCIS will only consider cash public assistance for income maintenance and long-term institutionalization paid by the government. For benefits received after September 18, the agency indicates it may consider a broader range of assistance, including cash aid, housing, food stamps, financial aid for college, and other similar benefits subject to economic criteria. USCIS emphasizes that determinations will be made on a case-by-case basis, taking into account the totality of each applicant's circumstances. Receiving a public benefit alone does not automatically mean a residency application will be denied. The new guidelines also include the option for a public charge bond in certain cases. If an officer determines that the only reason a person would be inadmissible is the potential to become a public charge, USCIS may allow them to present a bond as financial security. The amount will be determined based on how much government assistance the person might receive over the next five years. Applicants cannot submit this bond on their own initiative; USCIS must first formally invite them to do so through a Notice of Intent to Deny. In that case, the individual may submit Form I-945 and meet the agency's requirements. The new policy will apply to Form I-485 for registering permanent residency or adjusting status subject to public charge grounds that are mailed or electronically submitted starting on September 18, 2026. USCIS states that the new guidelines replace previous public charge guidance and will serve as a framework for its officers to individually evaluate each application.
AI summary · Source: Telemundo McAllen (KTLM) →
