On September 17, 2026, Vishal Chander, Managing Attorney of The Chander Law Firm, P.C., presented a CLE program for the Asian American Bar Association of New York (AABANY) titled “Public Charge – What We Need to Know About Upcoming Changes.” The hybrid program was held at the Chinese-American Planning Council (CPC) Manhattan Community Center and addressed major changes to the public charge ground of inadmissibility taking effect on September 18, 2026. Rachel Lee, AABANY Board Director and Issues Committee Co-Chair, moderated the program.
The presentation focused on the 2026 Final Rule and revised USCIS guidance governing public charge determinations. The new framework removes much of the 2022 regulatory structure and places greater reliance on the USCIS Policy Manual. Public charge determinations continue to require an individualized, totality-of-the-circumstances analysis, with officers considering factors such as an applicant’s finances, employment history, education and skills, health, household composition, and use of public benefits.
Among the practical issues discussed were the broader consideration of means-tested public benefits, the continuing importance—but non-dispositive effect—of Form I-864, Affidavit of Support, the renewed role of public charge bonds, and the differing standards applied by USCIS, the Department of State, and Customs and Border Protection. The presentation also reviewed pending federal litigation challenging the new framework and the legal questions surrounding DHS’s authority and reliance on subregulatory guidance.
The program concluded with questions concerning disability benefits, fee waivers, public housing, financial aid, household benefit use, and the practical preparation of adjustment of status applications under the new framework.
For immigration practitioners and applicants alike, one of the central takeaways is that public charge remains a fact-specific inquiry. Receipt of a particular benefit does not automatically establish inadmissibility, and practitioners should be prepared to develop a fuller evidentiary record addressing the statutory factors and the applicant’s overall financial and personal circumstances.
Vishal Chander serves as an AABANY Board Director and Co-Chair of its Issues Committee. The Chander Law Firm, P.C. represents individuals, families, employers, and investors in a wide range of U.S. immigration matters.
