DHS Proposes to Revise “Public Charge” Standard for Green Card Applicants

By: Gladys Gervacio

Overview

On November 19, 2025, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) that would change how U.S. Citizenship and Immigration Services (USCIS) assesses whether an applicant is likely to become a “public charge” (an individual who is likely to become “primarily dependent on the government for subsistence”).

The proposal would also update rules for posting, cancelling, and breaching public charge bonds. It also would include removing 2022 definitions, restoring broad officer discretion under the totality-of-the-circumstances test, expanding which means-tested public benefits (government assistance programs where eligibility, and the amount of aid received, is based on an individual's or household's income and capital) may be considered, and changing how an Affidavit of Support (Form I-864) is weighed.  The proposal has been published in the Federal Register with a 60-day comment period.

Background

U.S. immigration law makes individuals inadmissible if they are likely at any time to become a public charge. A 2022 DHS rule narrowed which benefits officers could consider and gave favorable weight to a sufficient Affidavit of Support. DHS now proposes to rescind parts of that approach and return to a broader analysis tied to dependence on means‑tested benefits and overall self‑sufficiency.

Key Highlights

Some important changes to the public charge rule are:

• Broader totality-of-the-circumstances test:

Officers would have wider discretion to consider whether an applicant may rely on means‑tested public benefits to meet basic needs.

• Affidavit of Support (Form I‑864):
   A sufficient I‑864 would no longer receive automatic favorable weight; officers may consider it along with other factors.
• Benefits considered:
   Beyond cash assistance and long‑term institutionalization, DHS could consider additional means‑tested benefits when weighing self‑sufficiency.
• Public charge bonds:
   DHS proposes clearer standards for cancellation and breach of bonds (e.g., receipt of certain means‑tested benefits could trigger breach for bonds posted after the final rule’s effective date).
• No periodic re‑adjudications:
  DHS clarifies it does not conduct ongoing re‑adjudications of public charge inadmissibility after adjustment approval.
• Public comments invited:
  The NPRM includes related information collection changes (e.g., Forms I‑485 and I‑945).

Who Is Affected

The proposal primarily affects applicants inside the United States seeking to adjust status to permanent residence (Form I-485) who are not exempt from the public charge ground. Humanitarian categories such as refugees and asylees remain exempt when adjusting under the relevant statutory provisions.

Proposed Changes

DHS would remove key 2022 definitional provisions and restore a discretionary totality framework; end the regulatory requirement to give favorable weight to a sufficient I-864 and instead treat it as discretionary evidence; consider any means-tested public benefits, including approval or certification, within the totality analysis; and update bond rules so that receipt of any means-tested benefit during the bond period could trigger breach, while cancellation would be sought through Form I-356 where no breach or violation occurred.

Impact on Applicants

If the rule is finalized as proposed, USCIS plans to update Form I-485. The core information it collects on the five statutory factors—age, health, family status, finances, and education/skills—will not materially change. Until a new form is issued, applicants should keep using the current Form I-485.

The return to a broader totality test is likely to produce greater variability in outcomes based on case-specific facts and documentation. The I-864 remains important but may no longer be decisive; robust evidence of income, assets, employability, and insurance may carry increased weight. An applicant’s benefits history—use, approval, or certification for means-tested programs—may be weighed subject to statutory exemptions. Where bonds are used, new breach standards may increase exposure for obligors on bonds posted after any final rule.

How to Prepare

These are some practical steps that I-485 applicants can take to prepare:

• Assemble strong self-sufficiency evidence. Gather recent tax transcripts, pay stubs/employer letters, bank and asset statements, education/skills proofs, and—if available—health insurance documentation. Organize everything to make your financial picture clear and credible.
• Map your benefits history. Make a list of any means-tested public benefits you have ever received or were approved/certified to receive (e.g., SNAP, Medicaid/CHIP, TANF, state cash/GA, Section 8/HCV), and note the dates, duration, and basis of eligibility.
• Prepare the Affidavit of Support package (if required). Ensure the I-864 is complete and sufficient (correct sponsor income, tax docs, and proof of status/residence).
• Explain any benefits use. If you used means-tested benefits, draft a brief personal statement explaining the circumstances (e.g., short-term hardship), current employment/insurance, and why future reliance is unlikely. Include proof of changed circumstances.

Note that this is a proposed rule. The 2022 rule remains in effect unless and until DHS issues a final rule.

For any questions or assistance please contact your trusted Chugh, LLP immigration professional.