US Announces New Changes for Foreigners Seeking Adjustment of Status

• USCIS has released updated policy guidance on public charge inadmissibility, rescinding Biden-era regulations from 2022
• Aliens applying for adjustment of status from September 18 will face stricter scrutiny of their financial self-sufficiency
• The new rules expand the range of government benefits USCIS officers can consider when assessing an applicant's case

U.S. Citizenship and Immigration Services (USCIS) has published updated guidance on how it will assess whether applicants for lawful permanent residency are likely to become a public charge, with the new rules set to take effect on 18 September 2026.

The guidance follows a final rule issued by the Department of Homeland Security (DHS) on 16 July 2026, which formally rescinded public charge inadmissibility regulations introduced under the Biden administration in 2022.

That rule was published in the Federal Register on 20 July 2026.

What the new guidance requires

Under the updated framework, USCIS officers must evaluate five statutory factors when determining whether an applicant is likely at any time to become a public charge: age, health, family status, financial assets and resources, and education and skills. Officers may also consider a Form I-864 Affidavit of Support, submitted by a sponsor who agrees to financially support the applicant.

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A significant change concerns the scope of means-tested public benefits considered during the review process.

For benefits received before 18 September 2026, USCIS will only examine an applicant's receipt of cash assistance for income maintenance and long-term institutionalisation at government expense.

For benefits received on or after that date, officers will consider any and all means-tested public benefits, including housing assistance, food stamps, and financial aid for college.

Decisions will be made on a case-by-case basis, taking into account the totality of each applicant's circumstances.

Public charge bonds and exemptions

The guidance also outlines a process for public charge bonds. Where an officer finds that an applicant is inadmissible solely because of public charge concerns, the applicant may be invited to post a cash or surety bond using Form I-945.

The bond amount will be calculated based on the government assistance the applicant may potentially receive over the following five years.

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Applicants may only submit Form I-945 after receiving a formal invitation from USCIS in a Notice of Intent to Deny.

Not all applicants are subject to the public charge ground. The guidance specifies which immigration categories are exempt under congressional statute, while all other applicants for adjustment of status remain subject to the determination.

The updated guidance supersedes all prior related instructions, including the 1999 Interim Field Guidance, and applies to all Forms I-485 postmarked or submitted electronically on or after 18 September 2026.

US announces years foreigners must stay before citizenship

Earlier, YEN.com.gh reported that the United States Citizenship and Immigration Services (USCIS) has outlined the requirements foreign nationals must meet before they can pursue American citizenship through naturalisation.

The most common route to naturalisation begins with obtaining Lawful Permanent Resident (LPR) status, commonly referred to as a green card.

Source: YEN.com.gh