On September 4, 2025, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0190, reaffirming its guidance on how officers must evaluate the Public Charge ground of inadmissibility under Section 212(a)(4) of the Immigration and Nationality Act (INA). This update underscores the government’s continued focus on ensuring that individuals seeking permanent residence are not likely to become dependent on public benefits.
What Is the Public Charge Rule?
The Public Charge ground of inadmissibility has been part of U.S. immigration law for over a century. It allows immigration officers to deny visas, admission, or adjustment of status to anyone who is deemed likely to become “primarily dependent” on government assistance.
Under the INA, USCIS officers must weigh the totality of the circumstances when making a determination. This includes:
- Age
- Health
- Family status
- Assets, resources, and financial status
- Education and skills
- Affidavit of Support (Form I-864 or I-864EZ), when required
- Past or current use of certain public benefits
No single factor (other than failing to provide a required Affidavit of Support) is determinative. Instead, officers must consider the full picture when deciding whether someone is inadmissible as a public charge.
Key Highlights of the September 2025 Memorandum
- Reaffirmation of strict review: Officers must closely follow USCIS regulations and policy manuals when evaluating applications.
- Affidavit of Support remains critical: Most family-based applicants and certain employment-based applicants must submit a sufficient Form I-864. Sponsors commit to financially supporting the immigrant at 125% of the Federal Poverty Guidelines (100% for active-duty military sponsors). If the affidavit is insufficient, inadmissibility can be determined without further review.
- Holistic analysis required: Officers must evaluate all relevant evidence, such as household income, medical records, and employment history. For example, retirees must show adequate retirement savings or benefits to avoid being deemed a public charge.
- Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs): If applications are incomplete or raise concerns, USCIS can request additional documentation or deny the application.
- Public charge bonds: In limited cases, USCIS may offer the option of posting a public charge bond if the applicant is otherwise eligible for adjustment.
Why This Matters for Applicants and Sponsors
This memorandum reinforces that USCIS officers will continue to apply a rigorous, case-by-case assessment. Applicants should expect their financial, health, and household information to be carefully reviewed. Sponsors must also be prepared to demonstrate that they meet financial requirements and understand the legally enforceable nature of the Form I-864 contract.
Failure to properly complete sections of the Form I-485 or to provide a sufficient Affidavit of Support can result in delays, RFEs, or outright denials.
NPZ Immigration Lawyers Can Help
At NPZ Law Group, our attorneys guide families and employers through the adjustment of status process and help prepare strong applications that address potential Public Charge concerns. From reviewing financial documentation to advising sponsors about their obligations, we work to ensure that your application is as complete and compelling as possible.
If you have questions about how the Public Charge ground of inadmissibility may affect your case, contact NPZ Law Group today.
Call us at 201-670-0006 (ext. 104)
Email us at info@visaserve.com
Frequently Asked Questions (FAQ)
1. What is the Public Charge test?
It is an evaluation by USCIS officers to determine if a person applying for a visa or green card is likely to depend primarily on government assistance.
2. Does receiving public benefits automatically make someone a public charge?
Not necessarily. Officers must evaluate the totality of circumstances, and limited or exempt benefits may not trigger inadmissibility.
3. Who must submit an Affidavit of Support?
Most family-based green card applicants and certain employment-based applicants must provide Form I-864, signed by a qualified sponsor.
4. What happens if USCIS finds someone inadmissible as a public charge?
The application can be denied. In some cases, USCIS may allow the applicant to post a public charge bond.
5. How can NPZ Law Group help?
We review all forms and supporting evidence, advise sponsors on financial requirements, and address potential issues proactively to reduce the risk of denial.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.