Starting in September, the agency will be able to consider a wider range of public benefits when evaluating certain permanent residence applications, but receiving assistance will not automatically mean a denial.

USCIS will apply a new guideline starting September 18, 2026, to determine if certain immigrants applying for a Green Card could become a “public charge.”

The change expands the benefits that officials will be able to review when analyzing some cases.

Why it matters: Housing, food, or university assistance may be part of the evaluation, although USCIS will have to review each application individually and consider other factors before making a decision.

USCIS Will Be Able to Review More Benefits Starting in September

DHS tightens migration rules
DHS tightens migration rules in proceedings – Photo: Shutterstock

The new guideline comes after the Department of Homeland Security (DHS) eliminated the public charge regulations adopted in 2022.

The final rule was published on July 20 and will go into effect on September 18.

“Public charge” is a migration criterion used to evaluate if a person will likely depend on certain government assistance in the future.

For benefits received before September 18, USCIS indicates that it will only consider cash public assistance for maintaining income and long-term institutional care paid for by the government.

  • What changes: For benefits subject to evaluation received on or after September 18, USCIS will be able to consider cash assistance, housing, food coupons, university financial aid, and other similar programs.

The guideline will apply to I-485 forms subject to this criterion submitted by mail or electronically from that date.

Relatives of Citizens May Also Be Subject to Evaluation

The rule may affect different individuals seeking to adjust their status to obtain permanent residence.

These include spouses, children, and parents of U.S. citizens, fiancé(e)s of citizens, certain relatives of permanent residents, and applicants from various labor categories.

Certain skilled workers, professionals, investors, religious workers, and diversity visa lottery beneficiaries are also included.

  • Who it affects: Being sponsored by a U.S. citizen does not automatically mean being exempt from the public charge evaluation.

USCIS must consider five factors established by law: age, health, family situation, assets and financial resources, and education and skills.

It may also evaluate an affidavit of support through Form I-864.

Asylum, TPS, and Some Humanitarian Categories Are Exempt

Not all immigration benefit applicants will be subject to this analysis.

Categories exempted by USCIS include refugees and asylees, TPS applicants, victims of trafficking with T status, victims of certain crimes with U status, and some self-petitioners under the Violence Against Women Act (VAWA).

  • The limit: Receiving a public benefit does not in itself mean that USCIS will deny a Green Card. The agency notes that it will analyze the entirety of each person’s circumstances.

A Bond Could Allow Some Cases to Be Approved

If USCIS determines that the only reason for inadmissibility is the likelihood of becoming a public charge, the officer may offer the applicant the opportunity to post a public charge bond.

This serves as a financial guarantee.

The amount will be determined by considering how much government assistance the person could receive over the next five years.

  • What’s next: The bond can only be posted if USCIS expressly invites the applicant to do so through a Notice of Intent to Deny. If the requirements are met, the agency could subsequently approve the status adjustment.

In summary, USCIS’s new guideline expands the elements that can weigh in a public charge evaluation starting September 18, but it does not establish that receiving public benefits automatically closes the door to a Green Card.

The decision will depend on the complete situation of each applicant, the migration category under which they present their case, and the other factors that the agency is required to consider.

You may be interested in: Demandan a Trump por endurecer visas para estudiantes y periodistas

SOURCE: USCIS / Telemundo