Martin Immigration Law
  • Home
  • About
    • Publications
    • Privacy Policy
    • Texas Lawyer's Creed and SBOT Grievance Brochure
  • Blog
  • Services
  • FAQs and Videos
  • Contact
  • Useful Links
  • Fee increase
  • E Treaty countries

BLOG

FAQs on Form I-944 and Public Charge Rule

2/25/2020

0 Comments

 

Paperwork
When does the new rule take effect?

The new I-944 rule applies to Adjustment of Status applications postmarked on or after February 24, 2020. Permanent residence (green card) applicants who are being interviewed at a consular post outside the US will need to use Form DS-5540. However, this form may not be needed for foreign nationals who sent their documents to NVC before February 24, 2020.

What is DHS looking for?

DHS (US Department of Homeland Security) is trying to figure out whether someone is "likely at any time to become a public charge”, and therefore is inadmissible. If DHS decides that the foreign national is "more likely than not, at any time in the future, to receive one or more of the [listed] public benefits..... for more than 12 months, in total, within any 36-month period", they can be denied.

Who is affected by the public charge rule?

Apart from the categories that are exempt (below), and people who got permanent residence before February 24, 2020, most people are affected. The public charge ground of inadmissibility applies to people who are:

  • Applying for permanent residence or temporary (nonimmigrant) visas at a consulate;
  • Applying to enter the US (at land border or airport) on immigrant or nonimmigrant visas; and 
  • Applying for Adjustment of Status within the US.  

What about people doing an extension or change of status in the US?

DHS (US Department of Homeland Security) has revised this provision and no longer considers the future likelihood of public benefits. Instead, DHS will only consider whether the foreign national has received designated benefits for more than 12 months in the aggregate within a 36-month period since obtaining the nonimmigrant status they wish to extend or change, up until the time of adjudication of the extension of stay or change of status request.

Who needs to file an I-944?

​Most foreign nationals who are filing I-485, Adjustment of Status, applications will need the Form I-944. This includes foreign nationals who are filing in an employment-based category. All derivative family members (spouses and children) will also need an I-944 EACH.

Who is exempt from the public charge rule?

People applying the the following categories are exempt from the public charge analysis and therefore do NOT need to file an I-944:
  1. VAWA self-petitioner;
  2. Special Immigrant Juvenile;
  3. Certain Afghan or Iraqi national;
  4. Asylee or Refugee;
  5. U Nonimmigrant;
  6. Victim of human trafficking (T nonimmigrant);
  7. Cuban Adjustment Act, including CAA for battered spouses and children;
  8. Dependent under the Haitian Refugee Immigrant Fairness Act, including HRIFA for battered spouses and children;
  9. Lautenberg Parolee;
  10. Under the Indochinese Parole Adjustment Act of 2000;
  11. Based on continuous residence in the United States since before January 1, 1972 (“Registry”);
  12. Amerasian Homecoming Act;
  13. Polish or Hungarian Parolee; 
  14. NACARA applicants;
  15. Certain American Indians born in Canada;
  16. Spouse, child, or parent of a deceased soldier under the National Defense Authorization Act (NDAA).

Who do I count in my "household"?

If you are over 21 (or under 21 and married), the following people are part of your household:
  1. You;
  2. Your spouse, if physically residing with you;
  3. Your children (under the age of 21 and unmarried) living with you;
  4. Other children (under 21 and unmarried) not living with you, where you are legally obliged to pay 50% of their financial support;
  5. Anyone else (including a spouse not living with you), if they are listed as a dependent on your tax return OR you provide 50% of their financial support;
  6. Any person who provides to you at least 50% of your financial support, or who lists you as a dependent on his or her federal income tax return.

If you are under 21 and unmarried, the following people are part of your household:
  1. You;
  2. Your children living with with you;
  3. Other children (under 21 and unmarried) not living with you, where you are legally obliged to pay 50% of their financial support;
  4. Your parents, legal guardians, or anyone else who provides (or is required to provide) at least 50% of your financial support;
  5. Any other children of your parents or legal guardians, who live with you;
  6. Any other children of your parents or legal guardians, who don't live with you but for whom the adult is 50% financially responsible;
  7. Anyone else to whom your parents or legal guardians provide, or are required to provide, at least 50% financial support or who is listed as a dependent on that adult's tax return.​

Do I still need an Affidavit of Support, as well as the I-944?

Yes. The I-864 (Affidavit of Support) is just one of the factors that USCIS will consider in analyzing whether you are likely to be a public charge.

What factors does DHS consider in making the public charge analysis?

  • Age; 
  • Health; 
  • Family status; 
  • Assets, resources, and financial status; 
  • Education and skills; 
  • Prospective immigration status; 
  • Expected period of admission; and  
  • Affidavit of Support.

***************************************
For more information, see additional blog postings and/or call Elaine Martin.  Because the I-944, DS-5540 and new public charge analysis are  all very new and nobody has seen how DHS and the Department of State will interpret any of the forms, information, documents, etc, this is an evolving area. Elaine Martin is monitoring news very closely and will update this blog as often as possible.
​
YouTube videos on Public Charge:
 https://www.youtube.com/watch?v=CJA5AhhxtO4&list=PLIT73hW8KmjDBJGTUOs5SJi1WY0nsY4r6
https://www.uscis.gov/greencard/public-charge
https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet
Form I-944

0 Comments



Leave a Reply.

    Lawyer Elaine Martin | Top Attorney Immigration

    RSS Feed

    View my profile on LinkedIn

        Author

    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.

    Picture

    Archives

    January 2021
    December 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    July 2017
    June 2017
    May 2017
    March 2017
    February 2017
    January 2017
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014

    Categories

    All
    Adjustment Of Status
    Affidavit Of Support
    Africa
    Algeria
    B-1 In Lieu Of H-1B
    Backlogs
    #borderwall
    Brazil
    Cameroon
    Cancellation Of Removal
    Chad
    China
    Citizenship
    Conditional Permanent Residence
    Coronavirus
    Corruption
    Covid19
    Cuba
    DACA
    DAPA
    Department Of Labor
    Department Of State
    Deportation
    Diversity Visa
    Donald Trump
    DOS Travel Warning
    DS-5540
    E-1
    E 2
    E-2
    EAD
    EB 5
    EB-5
    El Salvador
    Entrepreneur
    Environment
    F-1
    FAQ
    FCPA
    FIFA
    Filing Fees
    Green Card
    H 1B
    H-1B
    H-1B Portability
    H 2
    H-2
    H-2B
    H 4
    H-4
    Haiti
    Honduras
    I-407
    I-9
    I-90
    I-944
    #immigrationaction
    Infographic
    Investor
    Iran
    Iraq
    Israel
    J-1
    L 1
    L-1
    L-1B
    Labor Condition Application
    LCA
    Liberia
    Libya
    Lottery
    M-1
    Marriage Based
    Marriage-based
    Mexico
    Muslim
    Naturalization
    Nepal
    New Zealand
    Nigeria
    North Korea
    Notice To Appear
    Obama
    Overstay
    Permanent Residence
    Portability
    Poverty Guidelines
    Preference Categories
    Premium Processing
    Prevailing Wage
    Priority Dates
    Public Charge
    Reentry Permit
    Religious Workers
    Removal
    Returning Resident Visa
    Scam
    Schengen
    Shutdown
    Somalia
    Statistics
    Student
    Success Stories
    Sudan
    Supreme Court
    Syria
    TPS
    Travel Ban
    Undocumented
    USCIS
    VAWA
    Venezuela
    Video
    Violence Against Women Act
    Visa Bulletin
    Visa-bulletin
    Visa Waiver
    Yemen
    YouTube

    RSS Feed

Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice from Dallas lawyer Elaine Martin. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.
© 2014-2020 by Martin Law Office, Dallas. All rights reserved.  Privacy Policy
Photos used under Creative Commons from andryn2006, susivinh, Simon & His Camera, lwpkommunikacio, NazionaleCalcio, RussBowling, Phillip Pessar, Hichem Merouche, Lars Plougmann, Colby Stopa, superscheeli, miguel.discart, Asian Development Bank, Tim simpson1, eurleif
  • Home
  • About
    • Publications
    • Privacy Policy
    • Texas Lawyer's Creed and SBOT Grievance Brochure
  • Blog
  • Services
  • FAQs and Videos
  • Contact
  • Useful Links
  • Fee increase
  • E Treaty countries