USCIS may require a bond (Public Charge Bond) when processing a green card if it believes the applicant may become dependent on government assistance in the future. This is not an automatic denial, nor is it the applicant’s right — it is a mechanism provided for by US immigration law.

What Is a Public Charge Bond and Form I-945

A Public Charge Bond is a bond posted on public charge grounds. If the sole reason for a person’s inadmissibility is the risk of becoming dependent on government assistance (public charge), immigration authorities may allow the person to obtain permanent resident status provided a bond is posted.

Form I-945 is used for this purpose, but it cannot be filed on one’s own initiative. First, USCIS sends an official notice offering to accept a bond and specifying its amount. Only after that can the applicant file the form.

Important: this is not a guaranteed alternative to denial, nor is it the applicant’s right. The decision to offer a bond remains at the discretion of the immigration authorities.

Who Can Post the Bond and What Options Exist

The bond can be posted not only by the applicant themselves. It can be posted by another individual or organization that assumes the corresponding obligations and responsibility.

There are two options for the bond:

  • a cash bond, deposited directly;
  • a bond through an authorized surety company.

The bond amount is determined individually in each case. It is not a fixed fee but an additional payment whose amount depends on the circumstances of the case. There is no government filing fee for Form I-945 itself, but the assigned bond amount must be secured in full.

How to Get the Bond Back and Under What Conditions It Can Be Lost

The bond can be returned if certain conditions are met. The main ground for cancelling a Public Charge Bond is the expiration of 5 years after obtaining permanent resident status, provided the bond conditions were not violated.

Other grounds for cancelling the bond:

  • obtaining US citizenship;
  • permanent departure from the country;
  • death of the applicant.

A separate form, I-356, is used to cancel the bond. If the bond conditions are violated, however, the money posted may be lost. The bond serves as a guarantee of compliance with the conditions, so any violation can lead to forfeiture of the funds.

Don’t Confuse a Public Charge Bond with a Visa Bond

Immigration news often uses the word “bond” in two completely different contexts, which creates confusion.

A Public Charge Bond (Form I-945) is related to obtaining permanent residency and is applied under Section 213 of the Immigration and Nationality Act. The government is concerned about a person’s possible dependence on government assistance.

A Visa Bond for tourist and business visas B1 and B2 is a completely different program. Such a bond is not related to benefits but to the risk that a person will obtain a temporary visa and fail to leave the US on time. The amount can be 10, 15, or 20 thousand dollars depending on the consular officer’s decision. In this case, the government is concerned about violations of the temporary visa conditions.

Офисное здание USCIS с вывеской, где обрабатывают заявления на иммиграционные статусы

Who Is Exempt from the Public Charge Test

Not every person who receives a green card is subject to the Public Charge rules. For example, people who have already been granted asylum and are applying for a green card based on that status are exempt from the Public Charge requirements.

So news about a green card bond doesn’t mean every applicant has to pay extra thousands of dollars. It concerns a specific mechanism for specific cases where the question of possible dependence on government assistance arises.

Three Key Points to Remember

First: Form I-945 cannot be filed in advance on one’s own initiative. It can only be filed after an official notice from USCIS offering to accept a bond.

Second: a Public Charge Bond is not a mandatory payment for everyone who receives a green card. It is a mechanism for specific situations where there is a risk of dependence on government assistance.

Third: don’t confuse a Public Charge Bond with a Visa Bond for B1 and B2. These are completely different programs with different logic, bond amounts, and purposes.