On July 20, 2026, the Department of Homeland Security (DHS) published a final rule that removes the 2022 public charge regulations. It took effect on September 18, 2026. USCIS then rewrote Part G of its Policy Manual to explain how officers now decide whether an applicant is likely to become a public charge. This page sets out what the rule text and that guidance say, with dates, for Guatemalan families with a green card case in progress. It is general information, not legal advice. Public charge decisions are discretionary and case by case. For your own case, talk to a licensed immigration attorney or a DOJ-accredited representative (see how to find accredited immigration help).
Quick summary: DHS final rule 2026-14539 (91 FR 45324), published July 20, 2026, effective September 18, 2026, removes 8 CFR 212.20 through 212.23. It applies to applications for admission made on or after September 18, 2026 and to I-485s postmarked or e-filed on or after that date. I-485s postmarked between December 23, 2022 and September 17, 2026 stay under the 2022 rule. For benefits received before September 18, 2026, USCIS considers only public cash assistance for income maintenance and long-term institutionalization at government expense; for benefits received on or after that date, officers consider any and all means-tested public benefits. DHS says the rule restores broader officer discretion. The statutory exemptions (asylees, refugees, SIJS, TPS applicants, T and U nonimmigrants, VAWA self-petitioners, and others) still apply. Checked October 21, 2026.
What the rule changes, side by side
The Federal Register summary says the 2022 rule “was not the best implementation of the statute” in DHS’s view, and that “Rescission restores broader discretion for DHS officers to evaluate all pertinent facts”. The table puts the specific changes next to each other.
| Point | Under the 2022 Final Rule | From September 18, 2026 | Source |
|---|---|---|---|
| Regulations 8 CFR 212.20 to 212.23 (applicability, definitions, the determination, exemptions and waivers) | In force | Removed (“Remove §§ 212.20 through 212.23”) | Final rule, regulatory text |
| Benefits officers may consider | A limited list; DHS says the 2022 rule “limited the public benefits that DHS could consider” | Receipt of any means-tested public benefit received on or after September 18, 2026 | Final rule; Policy Manual Part G, ch. 1 |
| Benefits received before September 18, 2026 | Considered under the 2022 rule | Still only public cash assistance for income maintenance and long-term institutionalization at government expense | Final rule, Dates; Policy Manual Part G, ch. 1 |
| Factors | Seven factors, five of them required by statute, per DHS | Statutory minimum factors plus any other relevant facts, in the totality of the circumstances | Final rule, summary; Policy Manual Part G, ch. 7 |
| Exemptions list | Written into the regulation | Removed from the regulation; DHS says “these exemptions are statutory and will not be impacted by the removal of the regulations” | Final rule, comment response |
| Public charge bonds | Bonds submitted before September 18, 2026 are breached if the bonded person receives public cash assistance for income maintenance or long-term institutionalization at government expense | Bonds submitted on or after September 18, 2026 are breached if the bonded person receives any means-tested public benefit before death, permanent departure or naturalization | Final rule, 8 CFR 103.6(c)(1)(ii) |
DHS says it will keep the list of exemptions and waivers on the USCIS website, in the USCIS Policy Manual and on Form I-485. For the current I-485 edition, see our adjustment of status (I-485) guide.
Which rule applies to your I-485
USCIS decides by the postmark date (or electronic submission date) of the I-485, per Policy Manual Part G, chapter 1:
| I-485 postmarked or e-filed | Rules used |
|---|---|
| Before December 23, 2022 | 1999 Interim Field Guidance (64 FR 28689) |
| December 23, 2022 to September 17, 2026 | 2022 Final Rule (87 FR 55472) |
| On or after September 18, 2026 | 2026 rule and the revised Policy Manual Part G |
If USCIS rejected a filing and you refiled, DHS says it uses the postmark of the application currently before USCIS, not the earlier rejected one.
What an officer weighs now
USCIS’s revised guidance describes a case-by-case, forward-looking decision. Its main points:
- Statutory minimum factors. Every decision must consider at least age; health; family status; assets, resources and financial status; and education and skills. The officer may also consider a sufficient Form I-864 when one is required. For the I-864 itself, see the affidavit of support for a Guatemalan relative.
- Only a missing required I-864 decides the case by itself. The guidance says “No one factor, other than the lack of a sufficient Form I-864, where required, is outcome determinative”.
- Past benefits. It also says “past or current receipt of means-tested public benefits may not be indicative of future receipt”. Officers weigh the amount, duration and recency of what was actually received.
- Applying for or being approved for a benefit. Officers consider applications, approvals and certifications on or after September 18, 2026. They do not consider ones made before that date. If an approval covers a period that runs past September 18, 2026, the part from that date on is considered unless the applicant shows disenrollment, withdrawal of the application, or notice to the agency.
- No benefit-specific carve-out. Chapter 7 says “To be clear, exceptions for the purpose of PRWORA implementation do not create exceptions for the purpose of the public charge ground of inadmissibility”. Officers are told to consider the nature of the benefit when deciding how much weight to give it.
- Guidance, not a formula. USCIS says the guidance is meant to “inform, but not prescribe” the officer’s decision.
DHS also wrote that “this rule does not prohibit an alien from obtaining any public benefit for which he or she is eligible”. Whether a particular benefit will weigh in a particular case is the officer’s call under the guidance above. This page does not tell you which benefits to keep or drop; get advice on your own facts.
Who the ground applies to, and who is exempt
Policy Manual Part G, chapter 3, lists who is subject when adjusting status. The family-based categories that cover most Guatemalan family petitions are all on the subject side: spouses, children and parents of U.S. citizens; sons and daughters of U.S. citizens; spouses and children of permanent residents; and brothers and sisters of U.S. citizens.
The same chapter lists categories to which the ground does not apply “based on statutory or regulatory authority”. Those with a guide on this site:
| Category on USCIS’s exemption list | Our guide |
|---|---|
| Asylees and refugees | Asylum for Guatemalans in the US |
| Special immigrant juveniles | SIJS |
| Victims of qualifying criminal activity (U nonimmigrants) | U visa (I-918) |
| Victims of human trafficking (T nonimmigrants) | T visa (I-914) |
| VAWA self-petitioners | VAWA self-petition (I-360) |
| “Nicaraguans and other Central Americans who are adjusting status to LPR” (USCIS cites NACARA sections 202(a) and 203) | NACARA relief |
| Applicants seeking temporary protected status (TPS) | TPS and Guatemalans |
Chapter 3 adds one exception to the exemption: some T, U and VAWA applicants who adjust through an employment-based petition filed by a relative (or by a business in which a relative has a significant ownership interest) must still submit a Form I-864 signed by that relative.
What this rule does not cover
- Visa interviews at the US Embassy in Guatemala City. The rule covers DHS decisions: applications for admission at or between ports of entry, and adjustment of status with USCIS. DHS says State Department consular officers make visa decisions “under different regulations and policies than USCIS officers”. On the Foreign Affairs Manual, DHS referred commenters to the State Department. What State has said about public charge at immigrant visa interviews is on our immigrant visa interview page, and the 2026 visa pause is on the immigrant visa pause page.
How the rule came about
- November 19, 2025: DHS publishes the proposed rule (90 FR 52168) (Final rule, background).
- Comment period: DHS receives 8,846 comments (Final rule).
- July 20, 2026: Final rule published, 91 FR 45324, RIN 1615-AD06 (Federal Register).
- August 18, 2026: USCIS Policy Alert announces the revised Part G guidance (USCIS Policy Manual updates).
- September 18, 2026: Rule and guidance take effect; technical update folds the guidance into Volume 8 (Federal Register; USCIS).
- October 2, 2026: Part G chapters 1 and 3 carry this current-as-of date (USCIS Policy Manual).
Related
- Adjustment of status (I-485)
- Affidavit of support (I-864) for a Guatemalan relative
- Immigrant visa interview in Guatemala City
- US government actions affecting Guatemalans in 2026
- Find accredited immigration help and avoid notario fraud
- All diaspora guides
Sources
- Federal Register, DHS, Public Charge Ground of Inadmissibility, final rule, document 2026-14539, 91 FR 45324 (July 20, 2026): https://www.federalregister.gov/documents/2026/07/20/2026-14539/public-charge-ground-of-inadmissibility (read October 21, 2026)
- USCIS Policy Manual, Volume 8, Part G, Chapter 1 (current as of October 2, 2026): https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-1 (read October 21, 2026)
- USCIS Policy Manual, Volume 8, Part G, Chapter 3, Applicability (current as of October 2, 2026): https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3 (read October 21, 2026)
- USCIS Policy Manual, Volume 8, Part G, Chapter 7: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-7 (read October 21, 2026)
- USCIS Policy Manual, Updates (Policy Alert of August 18, 2026; Technical Update of September 18, 2026): https://www.uscis.gov/policy-manual/updates (read October 21, 2026)
Frequently Asked Questions
When does the 2026 public charge rule take effect?
September 18, 2026. The Federal Register notice (document 2026-14539, 91 FR 45324, published July 20, 2026) says the rule applies to applications for admission made on or after that date and to adjustment of status applications postmarked or electronically submitted on or after that date.
My family member's I-485 was mailed before September 18, 2026. Which rule applies?
USCIS Policy Manual Part G says Forms I-485 postmarked on or after December 23, 2022, but before September 18, 2026, are decided under the 2022 Final Rule, and those postmarked before December 23, 2022, under the 1999 Interim Field Guidance. If USCIS rejected an earlier filing, DHS says it looks at the postmark of the application currently before USCIS, not the rejected one.
Does the new rule count benefits we received before September 18, 2026?
For benefits received before September 18, 2026, USCIS says officers only consider public cash assistance for income maintenance and long-term institutionalization at government expense. For means-tested public benefits received on or after that date, officers consider the receipt of any and all such benefits. Applications, approvals or certifications for benefits that run past September 18, 2026 are considered from that date unless the applicant shows disenrollment or withdrawal.
Is there a list of benefits that will not count?
Not in the rule or in USCIS Policy Manual Part G chapter 7 as read on October 21, 2026. The guidance says officers consider the nature of a benefit when weighing it, and also says exceptions written for benefit-eligibility purposes do not create exceptions for public charge. Decisions are made case by case by the officer. Ask a licensed immigration attorney or a DOJ-accredited representative about your own case. DHS also wrote that it “generally will not consider the receipt of means-tested public benefits by the alien’s family or household members” and that it will not attribute U.S. citizen children’s receipt of public benefits to their parents, though it may consider the parents’ legal obligation to support the children.
Are some Guatemalans exempt from public charge?
The exemptions come from statute, and DHS says removing them from the regulations does not change them. Policy Manual Part G chapter 3 lists, among others, asylees and refugees, special immigrant juveniles, applicants seeking TPS, T and U nonimmigrants, VAWA self-petitioners, and a category for Nicaraguans and other Central Americans adjusting status to permanent residence, for which USCIS cites NACARA sections 202(a) and 203. Spouses, children, parents and siblings of U.S. citizens adjusting status are listed as subject to the ground.
Does this DHS rule decide immigrant visa interviews at the US Embassy in Guatemala?
DHS says this rule does not apply to visa determinations made by the Department of State, whose consular officers decide visas “under different regulations and policies than USCIS officers”; on the Foreign Affairs Manual, DHS referred commenters to the State Department. Our immigrant visa interview page covers what the State Department has said.
