USCIS explains how it will weigh public benefits under the new public charge rule
For benefits received before September 18, 2026 USCIS considers only cash assistance and long-term institutional care. For benefits received on or after that date it considers any and all means-tested benefits.
USCIS issued updated guidance in its Policy Manual on how officers decide whether an applicant for adjustment of status is likely at any time to become a public charge. The guidance is effective September 18, 2026 and applies to Forms I-485 postmarked or electronically submitted on or after that date.
Officers look at five statutory factors: age; health; family status; assets, resources and financial status; and education and skills.
For means-tested public benefits received before September 18, 2026, USCIS considers only public cash assistance for income maintenance and long-term institutionalization at the government's expense. For means-tested benefits received on or after September 18, 2026, USCIS considers any and all benefits. The guidance lists 24 exempt categories, including asylees and refugees.
Applicants for adjustment of status (Form I-485) who are subject to the public charge ground.
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