USCIS publishes guidance explaining agency's analysis for AOS applicant public charge inadmissibility determinations

USCIS updates public charge guidance and introduces a new Form I-485 for adjustment of status applications.

On 18 August 2026, US Citizenship and Immigration Services (USCIS) updated its Policy Manual to outline how officers will consider evidence to determine whether an applicant for adjustment of status (AOS) is likely to become a public charge. The guidance implements the Department of Homeland Security’s (DHS) recent recission of the 2022 public charge inadmissibility regulations, which becomes effective on 18 September 2026. The updated guidance clarifies which foreign nationals are subject to the public charge ground of inadmissibility, the factors officers will consider when making public charge determinations, and the process for public charge bonds. 

USCIS also announced on 19 August 2026 that a new Form I-485, Application to Register Permanent Residence or Adjust Status, will become mandatory on 18 September 2026. This new form, which facilitates the collection of evidence that will be evaluated under the new guidance, must be used for all applications that are filed electronically or postmarked on or after 18 September.

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