USCIS Update: Form I-945 Public Charge Bond — When It’s Used and How to Do It Right

What changed
USCIS has reaffirmed the use of Form I-945 (Public Charge Bond) as a discretionary tool in certain adjustment-of-status cases. Practically, this means that instead of denying a green card solely over public charge concerns, USCIS may invite an applicant to post a financial bond—allowing the case to be approved once all other eligibility and admissibility requirements are met.

Who can file (and who can’t)

You cannot self-file Form I-945. USCIS must first issue a notice (often in response to a pending I-485) advising that a bond is acceptable in lieu of denial. If you never receive that invitation, an I-945 package will be rejected.

How the bond works

• Purpose: To assure the government that the applicant will not become a public charge.
• Amount: Set case-by-case by USCIS; higher if risk factors exist (e.g., limited income, medical needs without coverage).
• Who posts: A qualified surety company or bank issues the bond; an agent may sign but becomes a co-obligor. Personal checks or informal promises won’t work.
• Evidence: Include the I-945, surety paperwork (power of attorney, bond document), proof of identity, and a copy of USCIS’s bond request.
• Outcome: If accepted, USCIS can approve the I-485. If later conditions are breached, the government may declare the bond forfeited.

How to cancel the bond

After you’ve complied with conditions (for example, maintaining status for a defined period), request cancellation with Form I-356 (Request for Cancellation of Public Charge Bond). Keep certified copies of the bond, approval notices, and any USCIS correspondence.

How this differs from I-864

An I-864 Affidavit of Support is a sponsor’s legal commitment; an I-945 is a financial guarantee posted by a surety/bank. USCIS may require one, the other, or both—depending on the facts.

Practical tips

File cleanly: Tabs, cover letter, and copies of the USCIS notice reduce processing hiccups.

Move fast: Bond invitations have strict deadlines.

Use a reputable surety: Ensure the paperwork matches USCIS and state-law requirements.

Coordinate counsel: Align the bond with your I-485 evidence and, if needed, any waivers (e.g., §212(i), §212(h)).