USCIS Issues Guidance on Making Public Charge Inadmissibility Determination

The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance on determining whether an alien applying for adjustment of status to a lawful permanent resident is likely to become a public charge.

The updated guidance aligns with congressional intent that aliens in the United States be self-sufficient and not dependent on taxpayer-funded government benefits. It explains which categories of aliens are subject to the public charge inadmissibility ground and which categories Congress has made exempt.

All aliens applying for adjustment of status to that of a lawful permanent resident are subject to the public charge ground of inadmissibility unless they are applying in an immigration category that is exempt.

The guidance describes key concepts, the factors that are considered in public charge inadmissibility determinations, and what evidence will be considered. It also explains the public charge bonds process.

## Aliens Subject to the Public Charge Ground of Inadmissibility

The following categories of aliens are subject to the public charge ground of inadmissibility:

| Category | Description | | --- | --- | | All aliens applying for adjustment of status to that of a lawful permanent resident | Unless they are applying in an immigration category that is exempt |

The following categories of aliens are exempt from the public charge ground of inadmissibility:

| Category | Description | | --- | --- | | Immigration categories that are exempt | As specified by Congress |

## Making Public Charge Inadmissibility Determinations

To make public charge inadmissibility determinations, USCIS officers will consider the five statutory factors and any other factor relevant to assessing the alien's likelihood at any time of becoming a public charge. These factors include:

* The alien's age * The alien's health * The alien's family status * The alien's assets, resources, and financial status * The alien's education and skills

USCIS officers may also consider Form I-864, Affidavit of Support Under Section 213A of the INA, which is executed by an individual who agrees to use their financial resources to support the alien.

## Public Charge Bonds

If a USCIS officer finds that an alien applying for adjustment of status to that of a lawful permanent resident in the United States is inadmissible only because they are likely at any time to become a public charge, the USCIS officer may invite the alien to post a public charge bond. A public charge bond is a financial guarantee where individuals or companies pay a cash bond or post a surety bond with USCIS as an assurance that the alien will not become a public charge.

To determine the public charge bond amount, the USCIS officer will consider how much government assistance the alien may be eligible for and potentially receive over the next five years.

If USCIS invites an alien to post a public charge bond, the alien may submit a cash bond or a surety bond (posted through a surety company certified by the U.S. Treasury) by submitting a Form I-945, Public Charge Bond.

This guidance is controlling and supersedes any related prior guidance, including the 1999 Interim Field Guidance and any related guidance addressing public charge inadmissibility. This guidance is intended to guide but not prescribe how USCIS officers exercise their discretion in making case-by-case public charge inadmissibility determinations.