A public charge bond is money or a surety bond that USCIS may ask you to post before it approves a green card, and it is only on the table when public charge is the one thing standing in your way. The DHS final rule (91 FR 45324) took effect September 18, 2026, and it changed how these bonds are breached. Here is when USCIS can invite a bond, what Form I-945 is for, and what the rule does not change.
The short version
What it is: A bond, submitted on Form I-945, that can be a condition of approving a green card application.
When it comes up: Only if USCIS invites it, and only when public charge is the sole ground of inadmissibility.
Minimum amount: The regulation sets a floor of $1,000; USCIS states the actual amount in its notice.
What changed September 18, 2026: For bonds submitted on or after that date, receiving any means-tested public benefit breaches the bond.
What does not change: You cannot file Form I-945 on your own initiative, and a bond does not replace the rest of your application.
Key Takeaways
- USCIS decides whether to invite a bond. USCIS says it will reject Form I-945 if it has not notified you that you may submit one.
- The bond amount is not fixed by a chart. The regulation says a bond must be at least $1,000, and USCIS states the amount in its communication to you.
- For bonds submitted on or after September 18, 2026, receiving any means-tested public benefit breaches the bond, so the conditions matter as much as the amount.
What is a public charge bond?
Federal law lets a person who is inadmissible for public charge reasons be admitted anyway, “if otherwise admissible,” in the government’s discretion, after giving a “suitable and proper bond.” That language is in section 213 of the Immigration and Nationality Act (8 U.S.C. 1183). The bond is a promise, backed by cash or a surety company, that the person will not become a public charge. It ends when the person permanently leaves the United States, naturalizes, or dies, and money held to secure it is returned unless it was forfeited for breaking the bond’s terms.
In practice, a bond is a second chance for someone whose public charge review came out badly but who qualifies for the green card in every other way. It does not fix any other problem in a case. If you have a different inadmissibility issue, such as unlawful presence or a criminal ground, a bond does not solve it, and you may need a waiver instead (see our overview of the I-601 waiver of inadmissibility).
When can USCIS ask for a public charge bond?
For people applying to adjust status inside the United States, 8 CFR 213.1(a) says USCIS may invite a person found inadmissible only under the public charge ground (section 212(a)(4)) to submit a bond “as a condition of approval of the adjustment of status application.” Three points follow from that language:
It is an invitation, not an entitlement. USCIS decides whether to offer a bond. You cannot demand one, and the USCIS Form I-945 page says the agency will reject the form if it has not notified you that you may submit a bond.
Public charge must be the only problem. The I-945 page describes the form as one for applicants who are inadmissible on the public charge ground but “otherwise admissible.” If another ground applies, the bond route does not fit.
Adjustment is not the only setting. The same regulation covers bonds tied to immigrant visas. Under 8 CFR 213.1(b), USCIS may accept a public charge bond before an immigrant visa is issued if a consular officer requests it, and in that case the consular officer sets the amount. We focus on adjustment of status in this article because that is where Form I-945 and USCIS notices come in.
Officers decide public charge on the totality of the circumstances. Our post on the new public charge rule for green card applicants explains how the final rule rescinded the 2022 regulation and restored broad officer discretion. Read that first if you want the background, then come back here for the bond piece.
How much is a public charge bond?
There is no chart. 8 CFR 213.1(c) requires that a bond be executed on a form designated by USCIS and be “not less than $1,000.” Above that floor, the amount is whatever USCIS specifies. The I-945 page tells applicants to submit the amount stated in the USCIS communication, and to include a copy of that communication with the form, or the filing will be rejected.
We are cautious about any article that gives one dollar figure as “the” bond amount. The rule text we reviewed does not set one, and the amount in your notice controls. The bond can take the form of a surety bond or a cash deposit agreement, according to the regulation, and the I-945 page refers to a “cash or surety bond.” Filing fees for the form itself are listed on the USCIS fee schedule, so check that page for the current number rather than relying on a blog.
Who is affected, and who is exempt?
The bond question only arises for someone who is subject to the public charge ground in the first place. Some groups are not. USCIS lists refugees, asylees, VAWA self-petitioners and certain T and U visa applicants as classes exempt from the public charge ground of inadmissibility, on its Form I-356 page. If you are in one of those groups, USCIS should not be asking you for a bond.
The rule applies based on when you file. Under the final rule, applications for adjustment postmarked or electronically submitted on or after September 18, 2026 are reviewed under the new framework, as we described in our earlier post. If you filed before that date, the 2022 framework may still apply to your review, so the filing date belongs on your checklist. Because family-based applicants also need an affidavit of support from a sponsor, the bond conversation usually happens alongside questions about income, assets and sponsorship.
What changed on September 18, 2026?
The final rule amended 8 CFR 103.6(c), the regulation on cancellation and breach of public charge bonds. For bonds submitted on or after September 18, 2026, the regulation says a bond is breached if the bonded person “receives any means-tested public benefit” before death, permanent departure or naturalization, or is otherwise noncompliant with the bond’s conditions. For earlier bonds, breach was tied to public cash assistance for income maintenance or long-term institutionalization at government expense.
The rule also removed language that let USCIS cancel a bond at any time after finding the person “not likely at any time to become a public charge,” as the Federal Register notice explains. The practical effect is that the bond is no longer tied to a fresh finding about your likelihood of becoming a public charge. That is a meaningful change for anyone weighing a bond, because the trigger is broader and the exit is narrower.
A word of caution on the phrase “means-tested public benefit.” We do not want readers to guess which programs are covered, and a family member’s benefits are a separate question from the bonded person’s own. Before you or a relative apply for any benefit while a bond is in place, talk with an attorney.
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How is a bond submitted and cancelled?
Submitting. If USCIS invites a bond, you file Form I-945 with a copy of the USCIS communication and the bond amount it specifies. Filing without the notice is grounds for rejection, according to the USCIS I-945 page. Because the bond is a condition of approving your adjustment application, missing the deadline or instructions in the notice can put the whole case at risk, so read the notice carefully and calendar the date on it.
Cancelling. Under 8 CFR 103.6(c), a bond that has not been breached is cancelled when the bonded person dies, permanently departs the United States, or naturalizes. It can also be cancelled to allow substitution of another bond, and it is cancelled after five years if the person has complied with all conditions. USCIS lists Form I-356 as the form to request cancellation of a bond submitted with Form I-945.
Breach and appeal. If USCIS finds a breach, the regulation allows a final breach determination to be appealed, by the surety or by the bonded person under the applicable rules. Keep every document about the bond, including receipts and correspondence, because you may need them years later.
What this does not change
A bond does not guarantee approval, and it does not cure any other ground of inadmissibility. It does not apply if USCIS has not invited it. It does not remove your obligations under a sponsor’s affidavit of support; our explanation of what sponsorship means in immigration covers those separately. And the rule affects applications going forward, not green cards already approved.
Some details, such as exactly how USCIS will apply the new discretion in bond invitations, will only become clear as officers issue decisions. Litigation over the rule could also change how it is applied, so a case filed today should be evaluated against the rule as it stands when you file.
Frequently Asked Questions
Can I file Form I-945 without a request from USCIS?
No. The USCIS I-945 page says the agency will reject the form if it has not notified you that you may submit a public charge bond.
What is the minimum public charge bond?
The regulation, 8 CFR 213.1(c), says a bond may not be less than $1,000. The actual amount is the one USCIS states in its communication to you.
Does a bond apply only to adjustment of status?
No. Adjustment of status is where USCIS invites bonds, but 8 CFR 213.1(b) also allows USCIS to accept a bond before an immigrant visa is issued at a consular officer’s request. In that case the consular officer sets the amount.
How do I get the bond cancelled?
A bond that has not been breached is cancelled on death, permanent departure or naturalization, or after five years of compliance, under 8 CFR 103.6(c). USCIS lists Form I-356 for requesting cancellation.
How We Can Help
If USCIS has sent you a notice about a bond, or you are preparing an adjustment application and worry about public charge, we can review the facts with you. That includes reading the notice, checking whether public charge is truly the only issue, and explaining what a bond would require of you and your family. Call us at (407) 917-2087 or start with a free pre-evaluation. We review the situation to see whether we can help, and if it is a fit, we will invite you to a paid consultation with a written flat-fee quote. You can also read about our green card practice.
Our founding attorney Denisse Ilabaca is Board Certified in Immigration and Nationality Law by The Florida Bar, a distinction held by fewer than two percent of Florida attorneys.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship with Ilabaca Law, PLLC. Immigration rules change often, so talk with a licensed attorney about your situation before you act.