Understanding the New USCIS Proposal on Public Charge (2025)

On November 19, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a proposed rule that could change how the government decides whether someone is considered a “public charge.”

Because this topic can be confusing and often frightening for families, we want to explain the update in simple terms — and reassure you about what is happening right now.

First, the important part: Nothing has changed yet.

This new proposal is not final, has no start date, and does not affect current applications. USCIS officers must still follow the 2022 public charge regulation, which remains fully in effect.

Public Charge Works Differently at USCIS Than at U.S. Consulates

One thing we always remind our clients is that public charge is not handled the same way everywhere.

• USCIS evaluates public charge for people applying for adjustment of status inside the U.S. using the 2022 rule (still in effect).

• U.S. Consulates abroad follow Department of State (DOS) guidance, which has its own public charge standards and procedures.

This means that your public charge evaluation may look different depending on whether your case is handled inside the U.S. or through consular processing abroad.

The new USCIS proposal applies only to USCIS, not to consulates. Consular cases continue under DOS rules unless that agency announces a change.

If you’re unsure which process applies to you, our team can help you understand exactly what to expect.

What USCIS is proposing

USCIS is considering taking away the 2022 public charge regulation. If that happened, the older 1999 guidance would stay in place. That older guidance is actually quite similar to the 2022 rules and has been used safely for many years.

However, USCIS has also said that if they rescind the 2022 rule, they plan to issue new internal guidance that could:

• Give the government more discretion

• Make it harder for low-income applicants

• Increase the risk that more people could be considered a “public charge”

This internal guidance would not go through the normal public rulemaking process, which is why many immigration advocates are raising concerns.

Again, this has not happened yet.

What happens next?

This is only a proposal. Before anything becomes final, USCIS must go through a public comment period, where organizations and community members can share concerns. At Soberalski Immigration Law, we know how stressful policy changes can feel — especially when they involve your future, your family, and your stability. Please remember:

• The 2022 public charge rule is still the law today.

• You should not avoid applying for benefits or immigration relief because of this proposal.

• You are not alone. Our team stays on top of every policy update so we can guide you with accuracy, care, and compassion.

If you have questions about how public charge affects your case, or if you’re worried about what this proposal might mean for you in the future, we’re here to help.

Call us: 414-533-5000
West Allis & Lake Geneva
soberalskilaw.com