Indian nationals applying for Green Cards through adjustment of status will face a changed public-charge assessment from September 18, when updated US immigration guidance takes effect. The new guidance allows US Citizenship and Immigration Services (USCIS) officers to consider a broader range of means-tested public benefits when deciding whether an applicant is likely to become a public charge.
USCIS issued the updated Policy Manual guidance on August 18, following a Department of Homeland Security (DHS) final rule that rescinds the 2022 public-charge regulations. The DHS rule was published in the Federal Register on July 20 and takes effect September 18.
What changes for green card applicants from September 18?
USCIS said officers must consider five statutory factors when making a public-charge inadmissibility determination: age, health, family status, assets, resources and financial status, and education and skills.
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The agency can also consider other factors relevant to determining whether someone is likely to become a public charge, including the applicant's receipt of means-tested public benefits.
{{/usCountry}}The agency can also consider other factors relevant to determining whether someone is likely to become a public charge, including the applicant's receipt of means-tested public benefits.
{{/usCountry}}USCIS specifically lists benefits such as cash assistance for income maintenance, housing assistance, food stamps and financial aid for college among the benefits that may be considered.
The timing of the benefits matters.
For means-tested public benefits received before September 18, 2026, USCIS said officers will consider only public cash assistance for income maintenance and long-term institutionalization at government expense.
For benefits received on or after September 18, USCIS said officers will consider any and all means-tested public benefits.
The agency said officers will review all relevant evidence and make decisions on a case-by-case basis, based on the totality of the applicant's circumstances.
Why this matters for Indians seeking a Green Card
The public-charge ground applies to people applying for adjustment of status unless their immigration category is exempt.
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USCIS lists several employment-based categories as subject to the ground, including priority workers; professionals with advanced degrees or people of exceptional ability; skilled workers, professionals and other workers; investors; and religious workers.
This means Indian nationals applying for permanent residence through an employment-based category that is subject to the public-charge ground could be assessed under the updated guidance.
However, the rule does not apply to every Green Card applicant. USCIS lists a range of exempt categories, including refugees and asylees, special immigrant juveniles, certain victims of human trafficking or qualifying criminal activity, VAWA self-petitioners and certain applicants for Temporary Protected Status.
The specific immigration category therefore remains important when determining whether the public-charge ground applies.
USCIS can consider a public charge bond
The updated guidance also sets out how public-charge bonds work.
If a USCIS officer determines that an adjustment-of-status applicant is inadmissible only because the person is likely at any time to become a public charge, the officer may invite the applicant to post a public charge bond.
USCIS describes the bond as a financial guarantee that the applicant will not become a public charge. The agency said the officer will consider how much government assistance the applicant may be eligible for and potentially receive over the next five years when determining the bond amount.
Applicants cannot simply submit a public-charge bond on their own. USCIS said Form I-945, Public Charge Bond, may be submitted only if the agency invites the applicant to do so in a Notice of Intent to Deny.
The updated guidance becomes effective September 18, 2026, and applies to Form I-485 applications subject to the public-charge ground that are postmarked or electronically submitted on or after that date.