From February 24, 2020, almost all Adjustment of Status applicants will need to include a Form I-944 with their I-485 filings. This form results from changes to the public charge analysis. The forms were initially scheduled to take effect last year, but implementation was halted by court injunction. The US Supreme Court recently lifted thos injuctions (except in Illinois), so the change takes effect soon.
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 Adjustment 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 when we see how USCIS is interpreting the public charge rule change in practice. 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. The new form will take hours to complete, requests extensive information about the applicant AND household members, and will requires lots of supporting documents to be filed.
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.