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Public Charge Ground of Inadmissibility

Final ruleStated effective date Sep 18, 2026Changes requirements

The stated effective date has passed. A later rule, court order or withdrawal can change whether it still applies; check the source and any later records.

What the document says

DHS is rescinding the 2022 public charge ground of inadmissibility regulations ("2022 Final Rule"). The 2022 Final Rule was not the best implementation of the statute. It was inconsistent with congressional intent, unduly restrictive, and hampered DHS's ability to make accurate, precise, and reliable determinations of whether certain aliens are likely at any time to become a public charge. Rescission restores broader discretion for DHS officers to evaluate all pertinent facts and aligns with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration. This rule also revises the breach and cancellation of public charge bonds regulations.

Who the document names

The document does not name specific countries or visa categories in its scope language. Read the original to confirm whether it applies to a particular case.

A requirement the document states

“Under section 213A of the INA, 8 U.S.C. 1183a, certain aliens are required to submit a sufficient Affidavit of Support Under Section 213A of the INA (Form I-864) executed by a sponsor who agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable.”

Whether it applies to a particular person depends on facts this record does not have.

Agency updatePublished Aug 18, 2026

Policy alert: 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.

USCIS Policy Manual ↗Changes requirements
Proposed ruleProposed Nov 19, 2025

Public Charge Ground of Inadmissibility

DHS proposes to rescind the 2022 public charge ground of inadmissibility regulations. The 2022 regulations are not the best implementation of the statute, inconsistent with congressional intent, unduly restrictive, and hamper DHS's ability to make accurate, precise, and reliable determinations of whether certain aliens are likely at any time to become a public charge. Rescission would restore broader discretion to evaluate all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration. DHS also proposes to address the breach and cancellation of public charge bonds.

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About this record

Published
Jul 20, 2026
Source
Federal Register, checked Oct 18, 2026
Review
Classified automatically; not reviewed by a person

Built from the linked government document by published rules, not by a language model. Information about a published document, not legal advice about anyone’s case. Methodology · Permalink