The Biden administration has introduced a new version of Form I-485 (Application for Adjustment of Status), which will be required for all green card applicants starting on December 23, 2022. This updated form includes a new public charge section, reflecting changes to the public charge rule by the Department of Homeland Security (DHS).
Key Changes to Form I-485:
- Public Charge Considerations:
- Under the new public charge rule, DHS will evaluate if applicants are likely to become a public charge. This means assessing whether an individual is “primarily dependent on the government for subsistence” through public cash assistance for income maintenance or long-term institutionalization at government expense.
- New Questions on Form I-485:
- If an applicant answers “yes” to being subject to public charge grounds, they will need to provide the following details:
- Household Size: Number of people in the household.
- Annual Household Income: Total income for the household.
- Household Assets and Liabilities: Total value of assets and liabilities.
- Education: Highest degree or level of school completed.
- Work-related Skills and Certifications: Details on any work-related skills, certifications, or licenses.
- Cash Benefit History: Information about any receipt of cash benefit programs for income maintenance.
- Long-term Institutionalization: Whether the applicant has ever received long-term institutionalization at government expense.
- If an applicant answers “yes” to being subject to public charge grounds, they will need to provide the following details:
- No Additional Documentation:
- As per the preview version of the updated form, USCIS does not require additional supporting documents for the public charge section at the time of filing the form.
Effective Date:
The new version of Form I-485 will apply to all applications postmarked on or after December 23, 2022. This new form marks a shift from the Trump administration’s public charge policies and replaces the previous Form I-944 (Declaration of Self-Sufficiency), which was discontinued under the Biden administration.
