POLICY MANUAL UPDATE: Public Charge Ground of Inadmissibility

Purpose

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy
Manual to address the public charge ground of inadmissibility under section 212(a)(4) of the
Immigration and Nationality Act (INA). This revised guidance stems from the rescission of the
Public Charge Ground of Inadmissibility (“2022 Final Rule”).

Background

Under INA 212(a)(4), any alien applying for a visa, admission, or adjustment of status (unless
exempt) who is likely at any time to become a public charge is inadmissible. The public charge
ground of inadmissibility and this policy guidance fulfill Congress’ longstanding national policy on
immigration and welfare that aliens inside the United States are self-sufficient and do not depend on
public benefits to meet their needs.
This guidance, contained in Volume 8 of the Policy Manual, is effective on September 18, 2026, and
applies to all applications for adjustment of status (unless exempt) postmarked or electronically
submitted on or after that date.
The guidance contained in the Policy Manual is controlling and supersedes any related prior
guidance, including the 1999 Interim Field Guidance and any related guidance addressing public
charge inadmissibility.

Policy Highlights 

• Removes references to regulatory terms and concepts associated with the rescinded 2022
Final Rule.
• Provides updated guidance for making public charge inadmissibility determinations under
INA 212(a)(4).
• Reiterates the categories of aliens who are exempt from, or may obtain a waiver of, the
public charge inadmissibility ground.
• Provides scenarios to illustrate the practical application of the totality of the circumstances
analysis used in the public charge inadmissibility determination.
• Explains the consideration of mandatory statutory factors and other relevant information,
such as current or past receipt of means-tested public benefits, including which means-tested
public benefits received before September 18, 2026, will be considered and which meanstested public benefits received on or after September 18, 2026, will be considered,
consistent with the 2026 Final Rule.
• Reiterates that no one factor, other than the lack of a sufficient Affidavit of Support Under
Section 213A of the INA (Form I-864 or Form I-864EZ), if required, can be the sole basis
for determining whether an alien is likely at any time to become a public charge.
• Describes the public charge bond process for an alien who applied for adjustment of status,
who has been found inadmissible only under the public charge ground, and who has been
invited to post a public charge bond.
• Provides officers with guidance to determine appropriate bond amounts when inviting aliens
to post a public charge bond.
• Provides guidance on maintenance, breach, and cancellation of public charge bonds.