New Public Charge Guidance: What Green Card Applicants and Sponsors Should Know

Beginning September 18, 2026, USCIS will apply new guidance when determining whether certain applicants are likely to become a “public charge.” The guidance gives immigration officers broader discretion to examine an applicant’s financial circumstances, use of certain public benefits, health, employment prospects, and ability to support themselves in the United States.

USCIS issued the guidance on August 18, 2026, following the Department of Homeland Security’s recission of the 2022 public charge regulation. The guidance applies to Forms I-485 subject to the public charge ground that are postmarked or electronically submitted on or after September 18, 2026.

Applicants filing on or after that date must also use the new 09/18/26 edition of Form I-485.

What Is the Public Charge Rule?

The public charge rule allows the government to determine whether an immigrant is likely, at any time in the future, to depend on government assistance. It does not apply to every immigrant or every immigration benefit.

The public charge ground does not apply to certain humanitarian categories, including many refugees, asylees, VAWA self-petitioners, Special Immigrant Juveniles, and applicants under the T and U visa programs. Each applicant should confirm whether the rule applies to their particular immigration category.
When the rule applies, USCIS must consider the applicant’s circumstances as a whole.

 No single factor should automatically determine the outcome. Officers may consider:

1. The applicant’s age;
2. Health;
3. Family circumstances and household size;
4. Income, assets, debts, and other financial resources;
5. Education, occupational skills, and employment history;
6.  Current or past receipt of certain means-tested public benefits;
7. Form I-864, Affidavit of Support, when required; and
8. Any other information relevant to the applicant’s likelihood of becoming  dependent on government assistance.

An adequate Form I-864 remains important, but it does not guarantee approval. USCIS may examine the applicant’s financial circumstances even when the sponsor meets the minimum income requirement.

Which Public Benefits May Be Considered?

The date on which a benefit is received is important. For benefits received before September 18, 2026, USCIS will generally consider only public cash assistance for income maintenance and long-term institutional care paid for by the government.

For benefits received on or after September 18, 2026, USCIS will consider a much broader range of means-tested public benefits. A benefit is generally means-tested when eligibility depends on the recipient’s income or assets being below a particular
level. Examples may include:

1. Cash assistance for income maintenance;
2. Food assistance;
3. Public or subsidized housing;
4. Government-funded health coverage;
5. Certain need-based assistance for postsecondary education; and
6. Similar federal, state, or local benefits based on financial need.

Applying for a benefit, being approved or certified to receive it, and actually receiving it may all be relevant. Nevertheless, receipt of a benefit does not automatically result in denial. USCIS must consider the type of benefit, the reason it was needed, the amount and duration of assistance, whether the applicant continues to receive it, and the remaining circumstances of the case.

Not every government program is a means-tested public benefit. For example, earned benefits such as Social Security retirement, government pensions, veterans’ benefits, unemployment insurance, and workers’ compensation are generally not treated as means-tested benefits. Tax credits, disaster  assistance, student loans, and certain other programs may also be treated differently.

Benefits received by a U.S. citizen child or another family member are not automatically attributed to the immigrant applicant. However, those benefits could still provide information about the household’s financial circumstances, for example, if eligibility was based on the applicant’s income or assets.

Before applying for or discontinuing any benefit, applicants should obtain advice based on the specific program and their immigration category. Families should not unnecessarily cancel medical, food, or other essential assistance for U.S. citizen children.

What Should Applicants Do?

Applicants subject to the public charge rule should be prepared to present a complete and accurate picture of their financial circumstances.

Applicants should:

1. Maintain complete records of employment, income, savings, property, insurance, education, professional licenses, and job skills;
2. Inform their immigration attorney about every public benefit for which they applied, were approved, or received;
3. Identify who received each benefit, the applicable program, and the dates and amounts involved;
4. Keep notices showing that a benefit ended, was withdrawn, or was received only temporarily;
5. Review tax returns and financial records for accuracy and consistency; and 
6. Explain any temporary period of unemployment, illness, or financial difficulty with supporting documentation when possible.

Applicants should not conceal benefit use, income, debts, medical conditions, or other relevant information. Inconsistent or incomplete information may create a credibility problem that is more damaging than the underlying financial issue.

The New Form I-864 and Sponsor Credit Records 

USCIS also released a new edition of Form I-864 dated August 24, 2026. Beginning October 1, 2026, USCIS will accept only the 08/24/26 edition. The same edition change applies to Forms I-864A and I-864EZ.The new form contains a privacy authorization permitting USCIS to request information about the sponsor from one or more consumer reporting agencies. This means USCIS may obtain information contained in the sponsor’s consumer or credit records when assessing the sufficiency of the Affidavit of Support.

USCIS has not announced a minimum credit score that a sponsor must have.

Nevertheless, a sponsor’s debts, payment history, available resources, and overall financial condition may become relevant when USCIS evaluates whether the sponsor can realistically support the immigrant. 

What Should Sponsors Do?

Before signing Form I-864, a sponsor should:

1. Obtain and review their consumer credit reports;
2. Dispute incorrect accounts, balances, or identity-theft information;
3. Confirm that tax returns, employment records, income, assets, and household size are reported accurately;
4. Continue to disclose all prior Form I-864 sponsorship obligations;
5. Maintain evidence of current and continuing employment (paystubs, employment verification letters);
6. Provide documentation for savings, investments, or property used as qualifying assets (bank statements, mortgage statements, appraisal, etc.); and
7. Consider a qualified joint sponsor when income is unstable or only slightly above the required level. The joint sponsor would need to consider all the factors outlined above.  A sponsor who has placed a security freeze on a credit file should respond promptly if USCIS requests that the freeze be released. USCIS warns that an unresolved freeze may delay its review of Form I-864.

Sponsors must also understand that Form I-864 is a legally enforceable contract with the federal government. The obligation generally continues until the immigrant becomes a U.S. citizen, earns 40 qualifying quarters of work, permanently departs the United States, or dies. Divorce does not terminate the sponsor’s obligation.

What sponsors/joint sponsors should Not do:

1. Exaggerate income, omit dependents or previously sponsored immigrants
2. Transfer borrowed money temporarily into an account to make it appear to be savings, or submit documents that conflict with their tax and credit records.

Immigrant Visas Abroad – Department of State (DOS):

Public-charge review is not limited to applicants applying for adjustment of status within the United States. Immigrant-visa applicants processing through a U.S. embassy or consulate abroad are also subject to a separate public-charge determination during the consular interview.

DOS website’s I-864 Affidavit of Support (FAQs) explains that an acceptable Form I-864 does not, by itself, resolve the public-charge issue. Consular officers may also examine the financial circumstances of both the applicant and the sponsor, including their age, health, family status, education, employment skills, income, assets, and other financial resources.

DOS has further stated that officers may consider an applicant’s current or past use of U.S. public benefits and must determine, case by case, whether the applicant has adequate financial support in the United States. Accordingly, applicants and sponsors should be prepared to provide updated evidence
of income, employment, assets, health-insurance arrangements, housing, and the applicant’s realistic plan for support in the United States.

Plan Before Filing 

The new guidance applicable to USCIS and DOS’s I-864 FAQ do not mean that every applicant who has received assistance - or every sponsor with imperfect credit - will be denied. It does mean that officers will examine the financial evidence   more closely and will have broader discretion.

Applicants and sponsors should review their benefit, income, asset, debt, credit, and employment records before filing. Careful preparation, accurate disclosure, and strong supporting documentation will be more important than ever under the new public charge  framework.

Today, more than ever, applicants are strongly encouraged to seek the guidance of a qualified immigration attorney before filing an adjustment of status application or submitting Form I-864 and its supporting documentation to the National Visa Center—the stage that precedes the scheduling of an immigrant visa interview at a U.S. consulate abroad.

*This article provides general information and does not constitute legal advice. Public charge determinations are highly fact-specific, and applicants should obtain advice concerning their individual circumstances before applying for or discontinuing public benefits.*