Revised Form I-485 and New Public Charge Issues for Immigrant Visas

 

Effective September 18, 2026, the DHS’s new final rule concerning the public charge ground of inadmissibility substantially changed for adjustment of status cases and immigrant visa consular processing.  The new rule restored broader discretion to the USCIS officers to make individualized determinations.  A new updated version of Form I-485 is also required.  The most important change is that USCIS is no longer limited to the narrow list of public benefits identified in the 2022 rule when making a public charge determination under its new guidance. Officers are instructed to consider relevant evidence and the totality of the circumstances.

USCIS will evaluate the totality of the circumstances rather than rely on a single financial indicator. Relevant evidence may include:

• Age — the applicant's age and its relationship to financial self-sufficiency.
• Health — relevant health circumstances and potential need for care.
• Household and family circumstances — available support and financial resources.
• Assets, resources and financial status — income, savings, liabilities and other financial evidence.
• Education and skills — the applicant's ability to obtain employment or support themselves.
• Affidavit of Support — where required, whether Form I-864 provides adequate support under the applicable requirements.
• Public-benefit history — the types of benefits received, when they were received, and other relevant circumstances.

These are considerations in an overall assessment, not a checklist where one adverse factor necessarily results in denial. The new guidance gives adjudicators broader discretion in weighing the evidence.

This new rule does not affect every green card applicant.  Various immigration categories are exempt including:

• Refugees and asylees in the applicable statutory categories.
• Certain VAWA self-petitioners.
• Certain applicants seeking U nonimmigrant status or related relief, as provided by law.
• Other categories specifically exempted by statute or regulation.

All immigrant visa and adjustment of status applicants must be prepared to discuss how they will cover living expenses and avoid relying on public benefits in the United States as per U.S. immigration laws. Topics may include:

 

Housing Plans:

• Where will the beneficiary live in the United States? Provide a specific address if available.
• If the beneficiary has not secured housing, explain their plan to find a home.
• Who else will live with the beneficiary?

Employment Plans for Adult Applicants:

• What type of work does the beneficiary plan to do?
• What education, training, or work experience does the beneficiary have for this career?
• Does the beneficiary need additional training, licenses, or certifications to work in this field? If yes, who will support the beneficiary and any derivatives financially during this period?
• If applicable, has the beneficiary started looking for employment? Describe these job search efforts.
• What salary does the beneficiary expect to earn in their first year?

Health Insurance Plans for Each Family Member:

• Does the beneficiary currently have health insurance that will cover them and any dependents in the United States?
• Can the beneficiary and any derivatives be added to a family member's existing health insurance plan?
• If a plan does not already cover the beneficiary and family, provide detailed information about potential health insurance plans, including the specific monthly premium.

Assets and Liabilities:

• What are the beneficiary’s household’s assets and resources (for example: investment or home equity)?
• What are the beneficiary’s household’s liabilities, both secured and unsecured (for example: mortgages, personal loans, alimony, or child support payments)?

 

Sources:

AILA Doc. No. 26100962

USCIS

91 Fed. Reg. 45, 324