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Updated September 20, 2026 · Public Charge

The new public charge rule: what applies to whom

The rescission of the 2022 public charge rule took effect September 18, 2026. It reaches adjustment applications postmarked or e-filed on or after that date. Use the four questions below to find which rule applies to your situation and what USCIS says about it.

Two things changed on September 18, 2026. The framework officers use to decide public charge questions was rescinded and replaced, and the list of benefits an officer may look at grew — but only for benefits received on or after that date.

Most of the anxiety we hear about this rule comes from people it does not reach at all. A long list of categories is exempt by statute, and no rule makes a person inadmissible simply because a benefit was once used. The four questions below sort out which rule governs your situation and quote what USCIS says about it. They do not evaluate your case.

Before you start — what this is

This is a reference tool. It reorganizes information that USCIS has already published — its Policy Manual, its August 2026 guidance, and the regulation at 8 C.F.R. § 212.23 — so that the part relevant to a given kind of application is easier to find than it is on a government website. Every passage it shows is a description of what the agency says about a category of applicant.

It is not legal advice, not a case evaluation, and not a prediction. It does not know anything about any individual, asks for no personal information, records nothing, and sends nothing anywhere. It cannot tell anyone whether they are exempt, whether their application will be approved, or what they should do. Using it does not create an attorney-client relationship with Montoya Law Group, P.A. or with any attorney.

A public charge determination is made by a government officer weighing many facts together. Only a lawyer who knows the particular facts of a case can say how this framework bears on it.

Step 1 of 4

What are you applying for?

The public charge ground does not reach every kind of application.

What the rule saysUSCIS states that the public charge ground applies to adjustment of status applicants unless one of the listed statutory or regulatory exemptions covers the applicant. Its guidance names family-based, employment-based and diversity visa applicants as subject to it.
What the rule saysFor immigrant visas, a consular officer at the Department of State — not USCIS — decides whether the public charge ground makes an applicant ineligible. CBP then makes its own admissibility determination at the port of entry. The USCIS Policy Manual guidance described here governs USCIS officers; the State Department applies its own standards.
What the rule saysThe public charge ground applies to nonimmigrant visa applicants and to people seeking admission as nonimmigrants, and is assessed by a consular officer or by CBP. It does not apply to requests to extend a stay or change status filed inside the United States.
What the rule saysA lawful permanent resident returning from a trip abroad is generally not treated as an applicant for admission, and so is generally not subject to a public charge determination. That changes only in the limited circumstances listed in INA 101(a)(13)(C) — USCIS gives an absence of more than 180 days as one example. In those situations CBP may treat the person as an applicant for admission, and the public charge ground can be assessed.
What the rule saysThe public charge ground of inadmissibility is not part of the naturalization test. It governs visas, admission and adjustment of status. This tool does not address naturalization requirements, which are a separate analysis.
Step 2 of 4

What is the basis of the application?

Most applications rest on a family petition, an employer petition, or the diversity lottery. A separate list of categories is exempt by statute or regulation; that list is USCIS's own.

Common bases — the ground applies
Subject to the groundUSCIS lists family-based adjustment applicants as subject to the public charge ground. Separately, for family-sponsored immigrants INA 212(a)(4)(C) requires a sufficient Affidavit of Support (Form I-864) executed by the petitioning relative under INA 213A. The officer may consider that affidavit as one part of the totality of the circumstances, alongside the five statutory factors. Its presence does not by itself decide the question.
Subject to the groundUSCIS lists employment-based adjustment applicants as subject to the public charge ground. An Affidavit of Support (Form I-864) is required under INA 212(a)(4)(D) only where the petition was filed by a qualifying relative of the applicant, or by an entity in which that relative holds a 5% or greater ownership interest. Where that is not the case, the affidavit is not part of the analysis and the officer weighs the statutory factors and other relevant evidence.
Subject to the groundUSCIS lists diversity visa adjustment applicants as subject to the public charge ground. There is no petitioning relative or employer, so the affidavit-of-support requirements of INA 212(a)(4)(C) and (D) are not triggered; the officer weighs the five statutory factors and any other evidence relevant to the likelihood of becoming a public charge.
Exempt categories — the ground does not apply
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer. One exception to note: USCIS states that a person in this category who is adjusting on an employment-based petition filed by a qualifying relative — or by an entity in which that relative holds 5% or more — must still submit an Affidavit of Support (Form I-864), even though the public charge ground itself does not apply to them.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer. One exception to note: USCIS states that a person in this category who is adjusting on an employment-based petition filed by a qualifying relative — or by an entity in which that relative holds 5% or more — must still submit an Affidavit of Support (Form I-864), even though the public charge ground itself does not apply to them.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer. One exception to note: USCIS states that a person in this category who is adjusting on an employment-based petition filed by a qualifying relative — or by an entity in which that relative holds 5% or more — must still submit an Affidavit of Support (Form I-864), even though the public charge ground itself does not apply to them.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer. One exception to note: USCIS states that a person in this category who is adjusting on an employment-based petition filed by a qualifying relative — or by an entity in which that relative holds 5% or more — must still submit an Affidavit of Support (Form I-864), even though the public charge ground itself does not apply to them.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
ExemptUSCIS lists this category among the classes exempt from the public charge ground of inadmissibility by statute or regulation, codified at 8 CFR 212.23(a). For a person who is in fact in this category, USCIS states the ground does not apply. Whether a given person is in it is a factual question this page cannot answer.
Subject to the groundWhere an application does not rest on one of the listed bases and no exemption applies, USCIS states that the public charge ground is assessed. That is not itself an adverse finding — it means an officer weighs the statutory factors. No rule makes a person inadmissible simply because a benefit was once used.
Step 3 of 4

When was the application filed?

USCIS draws the line at the postmark or the electronic submission, not the decision.

Which framework appliesUSCIS states that the new guidance applies only to applications postmarked or electronically submitted on or after September 18, 2026. An application filed before that date is evaluated under the framework in place when it was filed — the 2022 rule — even if the interview or the decision comes later. The benefit questions on this page describe the new guidance and do not apply to such an application. Our July article describes the 2022 framework.
Which framework appliesThe new USCIS guidance applies. Officers weigh the five statutory factors and any other factor relevant to whether a person is likely at any time to become a public charge, case by case, in the totality of the circumstances.
  • Age
  • Health
  • Family status
  • Assets, resources and financial status
  • Education and skills
Step 4 of 4

Have public benefits been received, and when?

The September 18 line governs benefits too, and it changes what an officer may look at. Read the note first — the most common worry is answered there.

What USCIS counts — and what it does not

Benefits received by a relative do not count against the applicant. USCIS states that receipt “only occurs when the alien is listed as a beneficiary of the benefit,” and that it “does not attribute to the alien the receipt of means-tested public benefits if the benefit is received by the applicant’s relatives, including children, or received by the applicant solely on behalf of third parties.” Applying for a benefit on someone else’s behalf is likewise not attributed to the applicant.

What “means-tested public benefit” means. USCIS notes there is no statutory or regulatory definition. Its guidance treats a benefit as means-tested where eligibility turns on income or assets below a threshold, and as public where it is paid by a government agency or with appropriated funds. Its examples: cash assistance, public or assisted housing, financial aid for postsecondary education, food assistance, and government-funded health coverage.

What is not means-tested. USCIS states that earned benefits such as Social Security and Medicare are not means-tested public benefits, and neither is unemployment insurance.

What USCIS says it considersThere is nothing for an officer to weigh under this heading. The other statutory factors still apply.
What USCIS says it considersFor benefits received before September 18, 2026, USCIS says it will consider only public cash assistance for income maintenance and long-term institutionalization at government expense. Other means-tested benefits received before that date are not considered, and USCIS states officers will not consider that a person applied for, or was approved or certified for, a benefit before that date. One thing to check: USCIS also states that where a benefit was applied for or approved before September 18 for a period that extends beyond it, officers would consider the application, certification and receipt that occur on or after that date — unless the person shows they disenrolled, withdrew the application, or told the agency they no longer wanted the benefit.
What USCIS says it considersFor benefits received on or after September 18, 2026, USCIS says it will consider any and all means-tested benefits, weighed as one part of a totality-of-the-circumstances determination. USCIS also states that an application for a benefit, or an approval or certification to receive one, on or after that date does not itself constitute receipt but may be considered — along with any evidence the person later withdrew the application or disenrolled.
What USCIS says it considersBoth rules apply to their own periods. Benefits received before September 18, 2026 are weighed under the narrower list — public cash assistance for income maintenance and long-term institutionalization. Benefits received on or after that date are weighed under the broader one.

Reference information only. Nothing on this page is legal advice or an assessment of any individual case, and no attorney-client relationship is created by using it. Verify current requirements with USCIS or with counsel before filing.

What this page will not do

A public charge determination is a weighing exercise. An officer looks at age, health, family status, assets and financial status, education and skills, any affidavit of support, and anything else bearing on whether a person is likely at any time to become a public charge — together, in the totality of the circumstances. No website can run that analysis, and one that claims to would be doing you a disservice.

There is also a practical feature of the new framework worth knowing. If an officer finds an adjustment applicant inadmissible only on the public charge ground, the officer may invite the applicant to post a public charge bond on Form I-945. The invitation arrives in a Notice of Intent to Deny; unsolicited bonds are not accepted. Our September 13 article covers the bond process and the guidance in more detail.

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Related Practice AreasAdjustment of Status · Family-Based Immigration · Waivers

This page is general legal information, not legal advice, and does not create an attorney-client relationship. It reports what published USCIS guidance says about categories of applicants; it does not assess any individual case and cannot predict how the public charge ground will be applied to anyone. How this ground applies to a particular person depends on facts specific to that person. Confirm current requirements with USCIS or with counsel before filing, travelling, or making decisions about public benefits. This website is attorney advertising.

Notes and Sources

  • USCIS Policy Manual, Volume 8, Part G, Public Charge Ground of Inadmissibility — uscis.gov. The exemption list in Step 2 is USCIS's own, at Chapter 3, codified at 8 CFR 212.23(a). The benefit explainer in Step 4 quotes Chapter 2 (what is means-tested; receipt by relatives) and Chapter 7 (the September 18 line; applications and certifications), both current as of September 18, 2026 and read September 20, 2026.
  • USCIS Newsroom, USCIS Issues Guidance on Making Public Charge Inadmissibility Determination (Aug. 18, 2026) — uscis.gov.
  • DHS/USCIS, Public Charge Ground of Inadmissibility (final rule), 91 FR 45324 (July 20, 2026; effective Sept. 18, 2026) — federalregister.gov.
  • INA § 212(a)(4), 8 U.S.C. § 1182(a)(4); 8 CFR 212.20–212.23.
  • Background on the change: our July article on the rescission and our September 13 article on the USCIS guidance.