Public Charge Bonds and Form I-945: The Notice of Intent to Deny Most People Have Never Heard Of

A Notice of Intent to Deny (NOID) is usually an alarming development in an immigration case. It means U.S. Citizenship and Immigration Services (USCIS) has identified a reason it intends to deny an application unless the problem can be overcome.

But under the public charge rules taking effect September 18, 2026, some adjustment applicants may receive a very different kind of NOID: an invitation to post a public charge bond.

For someone found inadmissible solely because USCIS believes they are likely to become a public charge, that notice may provide a path toward approval.

You Cannot File Form I-945 on Your Own

A public charge bond is not something an applicant can submit proactively with Form I-485, Application to Register Permanent Residence or Adjust Status.

USCIS must first determine that the applicant is inadmissible on public charge grounds but is otherwise admissible. The agency then has discretion to offer the applicant an opportunity to post a bond.

If USCIS makes that offer, it does so through a NOID that specifies the required bond amount and instructs the applicant to submit Form I-945, Public Charge Bond.

Without that invitation, USCIS will not accept the bond.

How Much Could the Bond Be?

There is no single public charge bond amount for every applicant.

USCIS determines the amount based on the individual case. Under the new guidance, an officer considers how much government assistance the applicant may be eligible for and could receive over the next five years.

That makes the bond another individualized part of the public charge determination rather than a standard filing expense.

Cash Bond or Surety Bond?

An invited applicant generally has two options for posting the required bond.

·      A cash bond requires the full amount to be deposited as directed by USCIS. The U.S. government holds the funds while the bond remains in effect.

·      A surety bond is posted through a surety company certified by the U.S. Department of the Treasury. Instead of depositing the full bond amount with USCIS, the surety company guarantees payment if the bond conditions are breached.

Either option requires Form I-945 to be properly completed and submitted in accordance with the NOID and form instructions.

A Bond NOID Is an Opportunity, but the Details Matter

Receiving this NOID does not mean the adjustment case has already been lost. USCIS has identified a public charge problem, but it has also decided to provide an opportunity to address that inadmissibility through a bond.

That opportunity should be handled carefully.

The NOID should explain why USCIS found the applicant inadmissible, identify the bond amount, provide a response deadline, and explain how the bond must be submitted. A response should address those instructions precisely rather than treating the notice as a routine request for additional paperwork.

Failure to submit a sufficient bond correctly and on time can result in denial of the adjustment application.

Understand the Opportunity Before You Respond

A public charge bond NOID puts an applicant at an important decision point. The underlying inadmissibility finding, the required bond, the response instructions, and the broader adjustment case all deserve careful review.

If USCIS has invited you to submit Form I-945, our New York immigration attorneys at Sharma Law Associates can evaluate the NOID and help determine how to respond. Call 646-846-4221, contact us online, or schedule a consultation before the response deadline passes.