The United States Citizenship and Immigration Services (USCIS) announced new guidelines that change the way its officials will evaluate applicants for permanent residency under the public charge inadmissibility ground, 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replace the 2022 regulations approved during the Biden administration, which the Department of Homeland Security (DHS) rescinded through a final rule published in the Federal Register on July 20, 2026.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, case-by-case discretionary analysis.
The changes apply only to the I-485 forms that are postmarked or submitted electronically starting from September 18. Applications submitted before that date will continue to be assessed under the previous regulations.
At the same time, USCIS will publish a new edition of Form I-485 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 could become a public charge: age, health, family status, assets and financial situation, and education and skills.
Additionally, the new guideline broadens 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 foreign national's receipt of public benefits subject to financial resource verification."
Among them would be cash assistance for income maintenance, housing assistance, the popular food stamps, all financial help for university studies, or any other similar benefits.
Who is exempt?
Not all applicants for permanent residency are subject to this evaluation. Exempt categories include refugees, asylum seekers, trafficking victims (T visa), crime victims (U visa), and minors under special immigrant status.
Of special relevance to the Cuban community is that applicants covered by the Cuban Adjustment Act are expressly exempt from the public charge inadmissibility ground, 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 foreigner 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 only becomes effective after 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 overseas. The amounts can reach $250,000 and it is a different process from the adjustment of status within the United States.
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