us-uscis-policy-manual-volume-8-part-g-chapter-11•Chapter 11 - Public Charge Bonds
Chapter 11 - Public Charge Bonds
us-uscis-policy-manual-volume-8-part-g-chapter-11Chapter 11 - Public Charge BondsGuidance
If an alien is determined to be inadmissible based on the public charge ground,[1] but is otherwise admissible and eligible for adjustment of status, he or she may be admitted in the discretion of the Secretary of Homeland Security, after posting a suitable and proper bond.[2] Before an alien may post a public charge bond, USCIS must invite the alien to do so.[3] Public charge bonds are intended to hold the United States and all states, territories, counties, towns, municipalities, and districts harmless against aliens becoming public charges.[4]
This statutory language is further clarified by language used by the former Immigration and Naturalization Service and DHS on previous versions of public charge bond forms, which consistently stated from as early as the 1940s through to 2017 that a purpose of the bond was to “pay to the people of the United States, or to any state, territory, county, town, municipality, or district thereof…any or all charges or expenses arising” from the alien’s use of public benefits.[5] The BIA has stated that public charge bonds are intended to ensure “that the alien will not in the future become a public charge.”[6] A public charge bond is issued with conditions prescribed by DHS,[7] one such condition being that the alien not receive any means-tested public benefits while the bond is in effect.[8]
If USCIS decides in its discretion that the alien may post a bond, USCIS will issue a Notice of Intent to Deny (NOID) in which it will invite the alien to submit a bond. No public charge bonds will be accepted from aliens applying for adjustment of status without an invitation from USCIS.
In the case of immigrant visa applicants, a bond will be accepted by USCIS only if USCIS receives notification that a consular officer requires the bond. USCIS may accept a public charge bond before the issuance of an immigrant visa upon the receipt of a request directly from a United States consular officer or upon the presentation by an interested person of a notification from the consular officer requiring the bond.[9]
A public charge bond is a type of immigration bond.[10] A bond, including a public charge bond, is a contract between the United States (the obligee) and a natural person or a company (the obligor) who pledges a sum of money to guarantee a set of conditions imposed by the U.S. government concerning the alien (also called the principal).[11]
If the U.S. government invites the alien to post a public charge bond, and the alien posts the bond in the amount specified by USCIS and complies with all other requirements as provided in the form and form instructions, USCIS accepts the public charge bond and adjusts the applicant’s status to that of a lawful permanent resident (LPR) despite the alien’s inadmissibility.
A. Background
Historically, bond provisions started with states requiring certain amounts of money to be posted as assurance that an alien would not become a public charge.[12] Beginning in 1893, immigration inspectors served on boards of special inquiry that reviewed exclusion cases of aliens who were likely to become public charges because they lacked funds or relatives or friends who could provide support.[13] In these cases, the board of special inquiry usually admitted the alien if someone could post bond or one of the immigrant aid societies would accept responsibility for the alien.
Bond provisions were codified in federal immigration laws in 1903.[14] The present language of section 213 of the Immigration and Nationality Act (INA) has been in the law without significant variation since 1907.[15] Under Section 21 of the Immigration Act of 1917, an immigration officer could admit an alien if a suitable bond was posted.[16] Regulations implementing the public charge bond have been in place since at least 1947,[17] and are currently found at 8 CFR 103.6 and 8 CFR 213.1. In 1970, Congress amended INA 213 to permit the posting of cash received by the U.S. Department of the Treasury (Treasury) and to eliminate specific references to communicable diseases of public health significance.[18]
With the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996, Congress amended the section by adding a parenthetical that clarified that a bond may be requested in addition to, and not in lieu of, the Affidavit of Support Under Section 213A of the INA (Form I-864) and the deeming requirement under INA 213A.[19]
The 1999 Interim Field Guidance explained the IIRIRA changes to the public charge bond statute and noted that officers can offer public charge bonds as they had done in the past, but did not detail procedures for public charge bonds.[20]
The 2022 Final Rule added streamlined provisions to clarify acceptance, forms, and amount of USCIS public charge bonds, as well as cancellation of bonds.[21]
The 2026 Final Rule amended the regulations governing the cancellation and breach of public charge bonds to reflect the rescission of certain provisions from the 2022 Final Rule,[22] and made amendments to more fully address when a public charge bond is breached and to explicitly address administrative appeals from a determination that the alien breached a bond.
B. Type of Bonds
Public charge bonds may generally be posted as:[23]
- A cash bond – This type of bond is posted as cash equivalent as specified by USCIS;[24] or
- A surety bond – This type of bond is posted through a surety company certified by the Treasury.[25]
Regardless of the type of public charge bond, the bond must be posted with USCIS by submitting a Public Charge Bond (Form I-945) in accordance with its instructions.[26]
Cash Bonds
A cash bond is secured by a deposit of the full face value of the bond. It can be posted by a company or a natural person. If an alien is given the opportunity to post a public charge bond, the bond should be paid in accordance with the Form I-945 instructions.
Once USCIS receives the funds, the money is held in a U.S. Treasury account until it is either forfeited due to breach or the bond is canceled. Funds used to secure a bond accrue interest at the rate set by the Treasury on the date the funds are received.[27]
Surety Bonds
A surety bond is a bond that is submitted on the alien’s behalf by a company, which guarantees the payment of a certain amount of money if the alien fails to comply with the conditions set by the government as part of the bond. In the case of a surety bond, no cash is exchanged as part of the bond contract; only if and when the alien breaches the conditions of the bond will the surety company pay the promised amount of money to the government.
Before a surety company can do business with any government entity, it must be certified by the Treasury.[28] All certified companies are listed in a document entitled Circular 570.[29] USCIS only accepts surety bonds from companies certified by the Treasury to post bonds.[30]
A surety company can execute a bond on its own or it can do so through authorized agents.[31] To establish that an agent is an authorized agent who may act on behalf of the surety company, the agent must provide evidence of the authorization through a power of attorney that must comply with the state laws governing the jurisdiction in which it is executed.
This power of attorney is not the same as the Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28). Therefore, when submitting a public charge bond on behalf of a certified surety company, the agent must attach either an original power of attorney, or a true copy (as defined under applicable state law), to Form I-945.
If the agent[32] also seeks to act in the capacity of an attorney or accredited representative of the surety company, the agent must also submit Form G-28.[33]
If the surety company posts bonds through an agent, the agent becomes a co-obligor. This means that the agent is jointly and severally liable for the bond amount. If the alien breaches the conditions of the bond, either the surety company or the agent or both can be held liable for and up to the amount of the bond.
Example
Immigration Bonds, Inc. provides public charge bond services on behalf of Bank B, a Treasury-certified surety company. When submitting a public charge bond, Immigration Bonds, Inc. must submit Form I-945 and an original or a true copy (as defined under applicable state law) of the power of attorney that complies with the state laws governing the jurisdiction in which the power of attorney was executed. The power of attorney demonstrates that Immigration Bonds, Inc. is authorized to submit the bond on behalf of Bank B.
By completing the Form I-945, the agent, Immigration Bonds, Inc., must sign as a co-obligor on the bond. If Immigration Bonds, Inc. also acts as Bank B’s attorney or accredited representative, Immigration Bonds, Inc., would also have to submit a properly completed Form G-28. If the public charge bond is accepted, then Immigration Bonds, Inc. and Bank B become co-obligors on the public charge bond.
If the public charge bond is breached because the alien does not comply with the bond conditions, the U.S. government may collect from either Immigration Bonds, Inc. or Bank B or both to obtain the full face value of the public charge bond.
The following table illustrates the differences between the public charge cash and surety bonds.
| Question | Cash Bond | Surety Bond |
|---|---|---|
| Who can post it? |
|
|
| The bond is posted by submitting what documents? |
|
|
| Is a payment submitted with the bond? |
|
|
| Can the bond have a co-obligor? |
|
|
C. Bond Amount
A public charge bond must be in an amount, of at least $1,000, that is sufficient to hold harmless the United States and all states, territories, counties, towns, municipalities, and districts (hereinafter, “the government”) against the bonded alien becoming a public charge.[34] USCIS determines the appropriate bond amount for each applicant on a case-by-case basis. The BIA has held that setting public charge bond amounts and conditions requires the same “determination of the likelihood of future events” as the inadmissibility determination and that the purpose of the bonds is “to assure that the alien will not in the future become a public charge.”[35]
D. Bond Duration
USCIS only accepts public charge bonds of unlimited duration. This means that the bond will not expire, but instead remains in effect until one of the following events occurs:
- USCIS approves a substitute bond that replaces the bond originally posted;[36]
- USCIS cancels the bond;[37] or
- USCIS determines that the bond is breached.[38]
E. Bond Stages
The decision to allow an alien who is inadmissible only on the public charge ground, and is otherwise eligible for adjustment of status, to submit a public charge bond is within USCIS’ discretion. The posting of a public charge bond by an applicant who is found to be inadmissible only on account of the public charge ground authorizes USCIS, upon accepting the bond, to adjust the status of the applicant to that of an LPR. Before posting a public charge bond, USCIS must invite the alien to do so.[39] No public charge bonds will be accepted from adjustment of status applicants without an invitation from USCIS.
The public charge bond is posted on such conditions as USCIS prescribes.[40] This includes a condition stating that the bond is breached if the bonded alien receives any means-tested public benefit while the bond is in effect.[41] If the applicant does not maintain all conditions of the public charge bond, the bond is breached, and the U.S. government will demand payment on the bond.
If the alien does not breach the bond and does comply with all conditions on the bond, and the bond is otherwise eligible for cancellation, then USCIS will cancel the bond upon the request from either the obligor or agent or co-obligor (the one who posted the bond), or the alien.[42]
The following table summarizes the various stages of a public charge bond.
| Stage | For More Information |
|---|---|
| Posting and acceptance of a public charge bond | Chapter 12, Public Charge Bonds: Posting and Accepting Bonds [8 USCIS-PM G.12] |
| Maintenance of a public charge bond, including substitution | Chapter 13, Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds, Section A, Maintaining Bonds [8 USCIS-PM G.13(A)] Chapter 13, Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds, Section B, Substituting a Bond [8 USCIS-PM G.13(B)] |
| Breach of the public charge bond | Chapter 13, Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds, Section C, Breach of Bond [8 USCIS-PM G.13(C)] |
| Cancellation of the public charge bond | Chapter 13, Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds, Section D, Canceling a Bond [8 USCIS-PM G.13(D)] |
| Posting and acceptance of a public charge bond | Chapter 12, Public Charge Bonds: Posting and Accepting Bonds [8 USCIS-PM G.12] |
Footnotes
[^ 1] See INA 212(a)(4).
[^ 2] See INA 213. See 8 CFR 103.6 and 8 CFR 213.1.
[^ 3] See 8 CFR 213.1(a).
[^ 4] See INA 213. See Matter of Viado (PDF), 19 I&N Dec. 252 (BIA 1985). This language has remained substantively unchanged since the Immigration Act of 1907. See Section 26 of the Act of February 20, 1907, Pub. L. 59-96 (PDF), 34 Stat. 898, 907.
[^ 5] See former Form I-354, Bond That Alien Shall Not Become a Public Charge. See former Form I-352, Immigration Bond (12/2017 version).
[^ 6] See Matter of Viado (PDF), 19 I&N Dec. 252, 253 (BIA 1985).
[^ 8] See 8 CFR 103.6(c)(1)(ii).
[^ 9] See 8 CFR 213.1(b).
[^ 10] There are many types of immigration bonds prescribed in the Immigration and Nationality Act (INA). Most immigration bonds are currently administered by U.S. Immigration and Customs Enforcement (ICE), and not USCIS. For example, ICE administers the voluntary departure bonds, delivery bonds, and order of supervision bonds. For more information on other immigration bonds, contact ICE.
[^ 11] See Matter of Allied Fid. Ins. Co. (PDF), 19 I&N Dec. 124, 125-26 (BIA 1984) (discussing the contractual nature of delivery bonds submitted under 8 CFR 103.6).
[^ 12] See Mayor, Aldermen and Commonality of City of N.Y. v. Miln, 36 U.S. 102 (1837) (upholding a New York statute that required vessel captains to provide certain biographical information about every passenger on the ship and further permitting the mayor to require the captain to provide a surety of not more than $300 for each alien passenger to indemnify and hold harmless the government from all expenses incurred to financially support the alien and the alien’s children).
[^ 13] See Immigration Act of 1892, Pub. L. 51-551 (PDF), 26 Stat. 1084 (March 3, 1891), which created the Office of the Superintendent of Immigration within the U.S. Department of the Treasury. The Superintendent oversaw a new corps of U.S. immigration inspectors stationed at the country’s principal ports of entry. See the USCIS Origins of Federal Immigration Service webpage.
[^ 14] See Immigration Act of 1903, Pub. L. 57-162 (PDF), 32 Stat. 1213 (March 3, 1903).
[^ 15] See Section 26 of the Act of February 20, 1907, Pub. L. 59-96 (PDF), 34 Stat. 898, 907.
[^ 16] See Pub. L. 64-301 (PDF), 39 Stat. 874, 876 (February 5, 1917).
[^ 17] See 29 FR 10579 (PDF) (July 30, 1964) and 31 FR 11713 (PDF) (Sept. 7, 1966). Prior to this, public charge bond regulations were published in 8 CFR 110.20-21 and 8 CFR 169. See, for example, the 1949 and 1947 versions of the CFR, available at loc.gov.
[^ 18] See Immigration and Nationality Act Amendments of 1970, Pub. L. 91-313 (PDF), 84 Stat. 413 (July 10, 1970). See 116 Cong. Rec. S 9957 (daily ed. June 26, 1970).
[^ 19] See Section 564(f) of Division C of Pub. L. 104-208 (PDF), 110 Stat. 3009, 3009-684 (September 30, 1996). The Examinations Handbook included guidance on public charge bond processes and policies in Part VI, at VI-88 through VI-98 (October 1, 1988). After legacy Immigration and Naturalization Service (INS) retired the Examinations Handbook, INS’s Operating Instructions provided guidance on the topic at Section 103.6 and 213.1 (November 1997). In 1998, INS removed the Operating Instructions and transferred the parts relating to immigration bonds to the Inspector’s Field Manual, Chapter 45. Neither INS nor USCIS appear to have issued new guidance on the topic since that time. With the creation of the Adjudicator’s Field Manual (AFM), USCIS incorporated existing public charge bond guidance into Chapter 61.1, but given the affidavit of support, the authority has rarely been exercised since the passage of IIRIRA.
[^ 20] See 64 FR 28689 (PDF) (May 26, 1999).
[^ 21] See 87 FR 55472 (PDF) (Sept. 9, 2022) (final rule). See 8 CFR 103.6 and 8 CFR 213.1.
[^ 22] See 91 FR 45324 (PDF) (Jul. 20, 2026) (final rule) (amending 8 CFR 103.6).
[^ 23] See 8 CFR 103.6.
[^ 24] See 8 CFR 213.1.
[^ 25] See 8 CFR 103.6.
[^ 26] See 8 CFR 103.2(a)(1).
[^ 27] See 8 CFR 293.1.
[^ 28] See 31 U.S.C. 9304-9308. As part of the certification process, the Treasury ascertains the company’s credit worthiness.
[^ 29] Circular 570 is available at the Treasury’s Listing of Certified Companies webpage.
[^ 30] The Treasury certifies companies only after having evaluated a surety company’s qualifications to underwrite federal bonds, including whether those sureties meet the specified corporate and financial standards. Under 31 U.S.C. 9305(b)(3), a surety (or the obligor) must be able to carry out its contracts and must comply with statutory requirements, including prompt payment of demands arising from an administratively final determination that the bond has been breached.
[^ 31] However, a surety bond cannot be posted by a person who is not an authorized agent for a certified company. For example, if an alien is offered the opportunity to post a public charge bond, the alien cannot submit a surety bond on his or her own behalf.
[^ 32] An agent or co-obligor may also act through his or her authorized representative, as defined in 8 CFR 1.2 and 8 CFR 292. Such a representative must submit Form G-28 on behalf of the agent or co-obligor.
[^ 33] If the Form G-28 is missing, but should have been submitted, USCIS should request the Form G-28 before proceeding.
[^ 34] See INA 213. See 8 CFR 213.1(c).
[^ 35] See Matter of Viado (PDF), 19 I&N Dec. 252, 253 (BIA 1985).
[^ 36] For more information on bond substitution, see Chapter 13, Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds, Section B, Substituting a Bond [8 USCIS-PM G.13(B)].
[^ 37] For more information on bond cancellation, see Chapter 13, Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds, Section D, Canceling a Bond [8 USCIS-PM G.13(D)].
[^ 38] For more information on bond breach, see Chapter 13, Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds, Section C, Breach of Bond [8 USCIS-PM G.13(C)].
[^ 39] See 8 CFR 213.1(a).
Resources
10 U.S.C. 504(b) - Citizenship or residency
15 U.S.C. 1681 - Congressional findings and statement of purpose
21 U.S.C. 802 - Definitions
21 U.S.C. 841 - Prohibited acts A
22 CFR 40.51 - Labor certification
29 CFR 570 - Child labor regulations, orders and statements of interpretation
29 U.S.C. 213(c) - Child labor requirements
31 U.S.C. 9304-9308 - Surety corporations
42 CFR 34.4 - Medical notifications
42 U.S.C. 1382c (PDF) - Definitions
42 U.S.C. 413 - Quarter and quarter of coverage
42 U.S.C. 416(l) - Retirement age
7 CFR 273 - Certification of eligible households
8 CFR 1.2 - Definitions
8 CFR 1.3 - Lawfully present aliens for purposes of applying for Social Security benefits
8 CFR 1003.14 - Jurisdiction and commencement of proceedings
8 CFR 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals
8 CFR 103.6 - Immigration bonds
8 CFR 204.5 - Petitions for employment-based immigrants
8 CFR 212.4 - Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3)
8 CFR 213a - Affidavits of support on behalf of immigrants
8 CFR 235 - Inspection of persons applying for admission
8 CFR 245.11 - Adjustment of aliens in S nonimmigrant classification
8 CFR 292 - Representation and appearances
8 U.S.C. 1601-1646 - Restricting welfare and public benefits for aliens
8 U.S.C. 1611 (PDF) - Aliens who are not qualified aliens ineligible for Federal public benefits
8 U.S.C. 1612 (PDF) - Limited eligibility of qualified aliens for certain Federal programs
8 U.S.C. 1613 (PDF) - Five-year limited eligibility of qualified aliens for Federal means-tested public benefit
8 U.S.C. 1641 (PDF) - Definitions
Final Specification of Community Programs Necessary For Protection Of Life Or Safety Under Welfare Reform Legislation, 66 FR 3613 (Jan. 16, 2001) (Final rule)
INA 101 - Definitions
INA 101(a)(15) - Nonimmigrant classifications
INA 201 - Worldwide level of immigration
INA 203 - Allocation of immigrant visas
INA 208 - Asylum
INA 212(a)(4), 8 CFR 212.20-212.23 - Public charge inadmissibility
INA 212(a)(9)(B) - Aliens unlawfully present
INA 212(d) - Temporary admission of nonimmigrants
INA 213, 8 CFR 213.1 - Admission of aliens on giving bond or undertaking; return upon permanent departure; adjustment of status of aliens on submission of a public charge bond
INA 213A, 8 CFR 213a - Requirements for sponsor's declaration of financial support
INA 235 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
INA 237(a)(5) - Public charge (deportable aliens)
INA 245(j) - Adjustment to permanent resident status
INA 289 - Application to American Indians born in Canada
Pub. L. 104-193 (PDF) - Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104-208 (PDF) - Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Pub. L. 106-395 (PDF) - Child Citizenship Act of 2000
Pub. L. 111-293 (PDF) - Help Haitian Adoptees Immediately to Integrate Act of 2010
Pub. L. 111-8 (PDF) - Section 602(b), Title VI of the Afghan Allies Protection Act of 2009
Pub. L. 113-4 (PDF) - 127 Stat 54 of the Violence Against Women Reauthorization Act of 2013
Pub. L. 89-732 (PDF) - Cuban Refugees Adjustment of Status
Section 11, 26 Stat 1084 (PDF) of the Immigration Act of 1891
Section 212(a)(15), 66 Stat 163 (PDF), 183 of the Immigration and Nationality Act of 1952
Sections 1-2, 22 Stat 214 (PDF) of the Immigration Act of 1882
Appendices
Updates
This technical update incorporates into Volume 8 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced on August 18, 2026, addressing the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA) as implemented by the Public Charge Ground of Inadmissibility Final Rule, 91 FR 45324 (PDF) (Jul. 20, 2026). This guidance became effective September 18, 2026.
8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA). This revised guidance stems from the rescission of the Public Charge Ground of Inadmissibility (“2022 Final Rule”). This guidance becomes effective September 18, 2026.
8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility
This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
This technical update incorporates into Volume 8 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced December 19, 2022, addressing the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA), as implemented by the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF) (Sep. 9, 2022).
This guidance became effective December 23, 2022, and applies to adjustment of status applications postmarked (or filed electronically, if applicable) on or after that date. For applications postmarked (or submitted electronically, if applicable) before December 23, 2022, USCIS will continue to apply the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance.
8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA), as implemented by the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF) (Sep. 9, 2022).
The new final rule and policy guidance become effective December 23, 2022, and apply to adjustment of status applications postmarked (or filed electronically, if applicable) on or after that date. For applications postmarked (or submitted electronically, if applicable) before December 23, 2022, USCIS will continue to apply the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance.
8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility
This technical update to Volume 8 alerts readers to the September 9, 2022 publication of the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF), and clarifies that USCIS will continue to apply the 1999 Interim Field Guidance until the final rule goes into effect on December 23, 2022. For more information about how USCIS is applying the public charge ground of inadmissibility, see the Public Charge Resources webpage.
8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility
USCIS is administering the public charge inadmissibility statute (section 212(a)(4) of the Immigration and Nationality Act) consistent with the 1999 Interim Field Guidance to determine whether a noncitizen is inadmissible as likely at any time to become a public charge. The 1999 Interim Field Guidance is the policy that was in place before the 2019 Public Charge Final Rule was implemented. The 2019 Public Charge Final Rule is no longer in effect. For more information about how USCIS is applying the public charge ground of inadmissibility, see the Public Charge Resources webpage.
8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility
This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
This technical update removes the guidance in Volume 2, Part A, Chapter 4, Volume 8, Part G, and Volume 12, Part D, Chapter 2 relating to the administration of the public charge ground of inadmissibility under the Inadmissibility on Public Charge Grounds final rule, 84 FR 41292 (Aug. 14, 2019); as amended by Inadmissibility on Public Charge Grounds; Correction, 84 FR 52357 (Oct. 2, 2019) ( “Public Charge Final Rule”), which was implemented on Feb. 24, 2020. On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. On Nov. 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued an administrative stay and, on Nov. 19, 2020, a stay pending appeal of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted its stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage.
This technical update removes the WA Food Assistance Program for Legal Immigrants from the list of examples of state, local, and tribal cash assistance programs that are considered income maintenance for purposes of the public charge inadmissibility determination.
8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
Note: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. The U.S. Court of Appeals for the Seventh Circuit later issued a stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted the stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage. The alert text below and related guidance are no longer in effect.
This update incorporates into Volumes 2, 8, and 12 policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced February 5, 2020, implementing the Inadmissibility of Public Charge Grounds Final Rule. This guidance is in effect as of February 24, 2020 and applies nationwide to all applications and petitions postmarked on or after that date. Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Final Rule. For more information about the classes of [noncitizens] who are exempt from the Final Rule, see the appendices related to applicability. For information on related litigation affecting implementation, see the USCIS webpage on the injunction.
Note: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. The U.S. Court of Appeals for the Seventh Circuit later issued a stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted the stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage. The alert text below and related guidance are no longer in effect.
U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual to address the final rule on the public charge ground of inadmissibility. This policy guidance is effective on February 24, 2020, and will apply to all applicants and petitioners filing applications and petitions for adjustment of status, extension of stay, and change of status, except for applicants and petitioners in the State of Illinois, whose cases will be adjudicated under prior policy, including the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1 (PDF). For additional information, see Public Charge Inadmissibility Determinations in Illinois. Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of [noncitizens] who are exempt from the final rule, see the appendices related to applicability.
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
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