Since September 18, 2026, USCIS has evaluated public charge under a different framework. The Department of Homeland Security (DHS) rescinded the 2022 rule, and USCIS rewrote the part of its Policy Manual that guides officers. The change mostly affects people applying for a green card on Form I-485.

What USCIS says

On July 20, 2026, DHS published the final rule Public Charge Ground of Inadmissibility in the Federal Register (91 FR 45324). It rescinds the 2022 public charge regulations and revises the rules on breach and cancellation of public charge bonds.

On August 18, 2026, USCIS issued Policy Alert PA-2026-09, which revised Volume 8, Part G of the Policy Manual in its entirety. A technical update on September 18, 2026 folded that guidance into the Manual.

The core idea is that officers decide each case in the totality of the circumstances. By statute, they must consider at least five factors:

  • Age.
  • Health.
  • Family status.
  • Assets, resources, and financial status.
  • Education and skills.

According to the alert, no single factor decides the case on its own. The one exception is a missing or insufficient Affidavit of Support (Form I-864) when one is required.

When it applies

The rule and the new guidance took effect on September 18, 2026. The date that matters is when you filed:

  • Paper I-485 postmarked on or after September 18, 2026: the new framework applies.
  • I-485 filed online on or after September 18, 2026: the new framework applies too.
  • I-485 filed between December 23, 2022, and September 17, 2026: decided under the 2022 regulations and their guidance.

There’s one nuance about public benefits. Benefits received before September 18, 2026, are weighed the way the 2022 rule weighed them. Only cash assistance for income maintenance and long-term institutionalization at government expense count.

Who it affects

It affects anyone applying for a visa, admission, or adjustment of status who isn’t exempt from this ground. In practice, the largest group is family-based green card applicants filing Form I-485.

Part G, Chapter 3 lists the exempt categories. They include:

  • Refugees and asylees.
  • Applicants under the Cuban Adjustment Act.
  • Temporary Protected Status (TPS) applicants.
  • Special immigrant juveniles.
  • Violence Against Women Act (VAWA) self-petitioners and T and U visa holders.

If your category is on that list, the public charge ground doesn’t apply to your application. Confirm your exact category with your attorney before you rely on it.

What to do

DHS says it plainly in the rule: the change imposes no new documentation requirements. Form I-864 doesn’t change, and Form I-485 only has minor edits that shorten it. What changes is how the officer weighs the information, not which forms you fill out.

To get ready without stress:

  • Check your I-485 filing date to see which framework applies to you.
  • Keep the evidence for the five factors that’s already in your file within reach: work history, education, finances.
  • Make sure your sponsor meets the Form I-864 requirements, since it’s the only document that can decide the case by itself.
  • Ask an immigration attorney what additional evidence makes sense for your case. This is general information, not legal advice.

If you need translations

Because officers look at the totality of the circumstances, they read everything in your file. If you support a factor with records from your home country, those records will likely be in Spanish: a university degree, a transcript, an employment letter, or a bank statement.

This rule doesn’t change the translation requirement. That comes from 8 CFR § 103.2(b)(3): any foreign-language document must come with a full English translation and the translator’s certification that it’s accurate and that they’re competent to translate.

In practice, that means translating the whole document. For a bank statement, every page gets translated, not just the balance page. For a degree, that includes the back, the seals, and the registration notes.

If your file also includes records from Peru, our guide to the Peruvian police record certificate explains which institution issues each certificate and how to request it from the United States.

Before you file

Check three things. First, the postmark or online filing date, because it decides which rules apply. Second, that every Spanish-language document has a complete translation and a signed certificate of accuracy. Third, that names and dates in the translations match the originals, with no edits of your own.

Sources

Notice

Fidelis Certified Translations is an independent translation service, not affiliated with USCIS or any U.S. government agency. This content is for information only and is not legal advice. For your case, talk to an immigration attorney.

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