As a result of the changes to the analysis of Public Charge for immigration purposes, USCIS has finally published the new forms. The changes take effect for cases filed starting on October 15 2019, but the government did not publish the required forms until late on October 9.
Starting on October 15, 2019, only the recent editions of the following forms will be accepted by USCIS:
The latest editions of these forms all have new questions related to the public charge grounds of inadmissibility.
In addition to the changed forms. most Adjustment of Status applicants will need to include a new Form I-944 with the applications. The following categories are exempt from the public charge requirements and therefore do not need to file the I-944:
For everyone other than these exempt categories, the following rules apply to Adjustmnent of Status applicants:
You must file an I-944 and an I-864 (Affidavit of Support) if you are an
You file just an I-944 if you are a
The public charge rules are complex and the new Form I-944 is very detailed and requests extensive information about the applicant's income, tax filings, language and other skills, assets, receipt of public benefits, etc. More information on the public charge rule is in this YouTube video and a demonstration of the Form I-944 is in this video.
We expect that there will be a lot of developments in this area in the next few weeks and months, especially regarding lawsuits that are trying to stop the riles and forms taking effect. Please check back for information, and subscribe to my YouTube channel for the most recent updates.
Call +1-214-329-4148 if you would like to discuss the impact of the new rules on your specific case.
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. The proposed rules were discussed in an earlier blog post.
USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa (green card) petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan. 17, 2017.
DHS states that the amended regulations should:
Specifically, the regulations provide for the following.
Employment Authorization Documents (EADs)
Permanent Residence Applicants
There is a lot of information in the new rules, so please contact Elaine Martin if you have any questions about how these affect you or your employees.
USCIS Press Release
Elaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country.