NEW PUBLIC CHARGE FORMS PUBLISHED

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:

• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-129, Petition for a Nonimmigrant Worker
• Form I-539, Application to Extend/Change Nonimmigrant Status
• Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status
• Form I-864, Affidavit of Support Under Section 213A of the INA
• Form I-864EZ, Affidavit of Support Under Section 213A of the Act

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:

• VAWA self-petitioner.
• Special Immigrant Juveniles.
• Certain Afghan or Iraqi nationals.
• Asylees and refugees.
• U and T visa applicants.
• Cuban Adjustment Act applicants.
• Applicants under the Haitian Refugee Immigrant Fairness Act, Indochinese Parole Adjustment Act, Nicaraguan Adjustment and Central American Relief Act (NACARA), and Amerasian Homecoming Act
• Lautenberg Parolees, Polish or Hungarian Parolees, certain American Indians.
• Spouse, child, or parent of a deceased soldier under the National Defense Authorization Act (NDAA).

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

1. Immediate relative (spouse of a U.S. citizen, parent of a 21+ year old U.S. citizen, or unmarried child under 21 years of age of a U.S. citizen).
2. Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories.
3. Person admitted to the United States as a K-1 nonimmigrant fiancé(e) or K-2 nonimmigrant child of a fiancé(e) of a U.S. citizen.
4. Alien worker under the employment-based preference categories ONLY if a specific relative filed Form I-140 for you or has a five percent or more ownership interest in the business that filed Form I-140 for you. See I-485 instructions, p.13, for details.

You file just an I-944 if you are a

1. Widow or widower of a U.S. citizen.
2. Alien worker under the employment-based preference categories (other than as listed at #4 above).
3. Alien entrepreneur (EB-5).
4. Diplomat or high ranking official unable to return home (Section 13 of the Act of September 11, 1957).
5. S nonimmigrant and qualifying family member.
6. Diversity Visa applicant.
7. Special Immigrant such as a member of certain U.S. armed forces; Panama Canal Zone employee; broadcaster; G-4 or NATO-6 employee and family members; international employee of the U.S. Government abroad; religious workers; certain physicians; 
8. Applicants adjusting under the Amerasian Act (October 22, 1982).

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.

I-944 instructions
Form I-944

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