USCIS has issued a new Policy Memorandum dated September 4, 2025, reaffirming its commitment to a strict interpretation of the public charge inadmissibility rule under INA §212(a)(4). The memo, released during the second Trump administration, underscores that adjudicators must “strictly adhere to statutory and regulatory language” when assessing whether an applicant for permanent residence is likely to become a public charge.
While the memo does not reinstate the 2019 Trump-era Form I-944 or alter existing forms or evidence requirements, it serves as a clear reminder to USCIS officers that determinations are “inherently subjective” and based on the totality of the circumstances — including factors such as age, health, family status, financial resources, education, and skills, as well as the Affidavit of Support (Form I-864) when required.
Immigration attorneys anticipate increased Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in adjustment of status cases, especially where affidavits of support are insufficient or public charge questions on Form I-485 are incomplete.
The memo also emphasizes review of the entire immigration record, including medical exams (Form I-693) and financial documents, signaling a potentially more rigorous scrutiny of applicants’ financial self-sufficiency.
Though not a formal policy shift, this development appears to signal the administration’s intent to tighten public charge reviews and may foreshadow more conservative adjudication trends in family-based and certain employment-based green card cases.
Applicants should ensure complete, accurate, and well-supported I-485 and I-864 filings, review potential public benefit use, and demonstrate financial stability through a holistic presentation to avoid delays or denials under the heightened scrutiny.
This is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
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Keshab Raj Seadie, Esq.
View More PostsKeshab Raj Seadie is an immigration lawyer located in New York City and the founder of the Law Offices of Keshab Raj Seadie, PC. The firm has been serving clients for over twenty years, offering counsel and representation in a wide range of immigration law areas.
