The United States Citizenship and Immigration Services (USCIS) announced new guidelines that modify the way its officials will assess applicants for permanent residency under the ground of inadmissibility for "public charge," effective September 18, 2026.
Telemundo 51 reminded that the guidelines, published on August 18, replace the 2022 regulations approved during the Biden administration, which the Department of Homeland Security (DHS) rescinded through a final rule published in the Federal Register on July 20, 2026. The new framework restores a broader and more discretionary analysis, on a case-by-case basis.
The changes apply only to the I-485 forms postmarked or submitted electronically as of September 18. Applications submitted before that date will continue to be evaluated under the previous regulations.
At the same time, USCIS will publish a new edition of the I-485 form with an edition date of 09/18/26. Starting from that date, previous editions will be automatically rejected.
What factors will USCIS review?
Congress established five factors that officials must consider when determining whether an applicant may become a public charge: age, health, family status, assets and financial situation, and education and skills.
Furthermore, the new guide expands on the analysis. According to the official document, "USCIS officials will consider the five statutory factors and any other relevant factors to assess the likelihood that the foreign national will become a public charge at any time, including the receipt by the foreign national of public benefits subject to financial resource verification."
Among them would be cash assistance for income maintenance, housing assistance, the popular food coupons, all financial aid for university studies, or any similar benefit.
Who is exempt?
Not all applicants for permanent residence are subject to this evaluation. Exempt categories include refugees, asylum seekers, trafficking victims (T visa), victims of crimes (U visa), and minors under special immigrant status.
Of particular relevance to the Cuban community is that applicants covered by the Cuban Adjustment Act are explicitly exempt from the grounds of inadmissibility due to public charge, as confirmed by the official USCIS announcement.
Among the categories subject to evaluation are spouses, children and parents of U.S. citizens, siblings of citizens, fiancés, priority workers, professionals with advanced degrees, investors, and holders of diversity visas, among others.
What happens if USCIS considers the applicant to be a public charge?
If an officer determines that a foreign national is inadmissible solely for this reason, they may invite them to submit a public charge bond using Form I-945.
This bond serves as a financial guarantee that the applicant will not rely on government assistance. The minimum amount is $1,000 and is calculated based on the aid that the applicant could receive over the next five years.
The bond cannot be submitted voluntarily. It is only activated following a Notice of Intent to Deny issued by USCIS. If the applicant submits it according to the instructions, the officer may approve the adjustment of status.
In parallel to these changes with USCIS, the State Department launched in August a pilot program for public charge bonds for immigrant visa applicants abroad. The amounts can reach up to $250,000 and this is a process separate from adjustment of status within the United States.
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