Washington, Aug 2026 : Thousands of Indians seeking permanent residency in the United States could face greater scrutiny of their financial circumstances and use of government benefits under new immigration guidance that will take effect from September 18.
The US Citizenship and Immigration Services (USCIS) has issued guidance allowing immigration officers to consider a broader range of means-tested public benefits when determining whether an applicant is likely to become a “public charge”. The benefits that may be examined include housing assistance, food assistance and certain forms of government-funded support.
The change follows the US Department of Homeland Security’s decision to rescind the Biden-era public charge regulations introduced in 2022. The final rule was announced on July 16 and subsequently published in the Federal Register on July 20.
The revised policy will apply to Form I-485 applications for adjustment of status or permanent residence that are postmarked or submitted electronically on or after September 18. Applications filed between December 23, 2022, and September 17, 2026, will continue to be adjudicated under the 2022 regulations and accompanying guidance.
The policy could have a significant impact on Indians pursuing green cards through both family-sponsored and employment-based immigration categories. However, it does not apply to individuals who already hold lawful permanent resident status or US citizenship.
Among family-based applicants subject to the public charge assessment are spouses, children and parents of US citizens, as well as spouses and children of lawful permanent residents. Adult children and siblings of US citizens, fiancé(e)s of US citizens and widows or widowers of US citizens are also covered.
Several employment-based immigration categories will likewise remain subject to the assessment. These include priority workers, professionals with advanced degrees, individuals with exceptional ability, skilled workers, investors and religious workers. Certain foreign medical graduates, international broadcasters and some current or former US government employees working abroad are also included.
At the same time, Congress has exempted a number of humanitarian and special immigrant categories. Refugees, asylees, applicants for Temporary Protected Status and certain victims of human trafficking and qualifying criminal activity are among those exempt. Certain self-petitioners under the Violence Against Women Act are also excluded.
Special immigrant juveniles, certain Afghan and Iraqi nationals who worked for the US government, applicants covered by the Cuban Adjustment Act and some surviving relatives of US military personnel are among other exempt categories.
Under the new guidance, USCIS officers are required to assess five statutory factors: an applicant’s age, health, family status, assets and financial position, and education and skills.
Officers can also examine Form I-864, the affidavit of support through which a sponsor agrees to use personal financial resources to support an immigrant and help prevent the person from becoming dependent on public assistance.
The treatment of public benefits will also change. For benefits received before September 18, USCIS will generally consider only public cash assistance for income maintenance and government-funded long-term institutional care. For means-tested benefits received on or after September 18, officers may consider a wider range of assistance, including housing and food benefits.
Importantly, USCIS has clarified that receiving a covered benefit will not automatically result in denial of an application. Officers must examine all relevant evidence and make an individual determination based on the totality of the circumstances.
No single factor can, by itself, establish that an applicant is likely to become a public charge, except where a required affidavit of support is insufficient. This means applicants will continue to be assessed on their overall financial and personal circumstances rather than on the receipt of one particular benefit.
In cases where an applicant is found inadmissible solely on public charge grounds, USCIS may provide an opportunity to post a cash or surety bond. The amount would be determined based on the government assistance the applicant could potentially receive over the following five years.
Applicants cannot proactively submit such a bond. Form I-945 may be filed only after USCIS issues a Notice of Intent to Deny and specifically invites the applicant to post a public charge bond.
The changes are particularly significant for the Indian immigrant community, which represents one of the largest groups seeking US permanent residence. According to Department of Homeland Security data, about 66,800 India-born immigrants obtained US green cards in fiscal year 2024, accounting for approximately 4.9 per cent of the 1.36 million people granted lawful permanent residence that year.
Around 61 per cent of Indian recipients obtained permanent residence through adjustment of status while already residing in the United States, highlighting the importance of the revised rules for Indians seeking to transition from temporary or other lawful status to permanent residency.
With the new guidance taking effect next month, immigration attorneys and applicants are expected to pay closer attention to financial documentation, benefits history, sponsorship arrangements and other factors that could influence USCIS’s public charge determination.
(Disclaimer :The content of this article is sourced from a news agency and has not been edited by the Mavericknews30 team.)
