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.
Impact on Green Card Applicants
The updated public charge rule, effective December 23, 2022, has significant implications for various categories of green card applicants, including family-based and employment-based applicants. This rule aims to clarify how the public charge ground of inadmissibility is applied, potentially affecting the eligibility of many immigrants seeking permanent residency.
How the Updated Rule Affects Different Categories of Applicants
- Family-Based Applicants: These applicants are often required to demonstrate that they will not become a public charge. The new rule emphasizes that prior use of certain public benefits can be considered when determining whether an applicant is likely to depend on government assistance in the future. However, the rule also clarifies that many benefits, such as Medicaid for children and certain nutritional programs, do not count against applicants.
- Employment-Based Applicants: Similar to family-based applicants, those applying for green cards through employment must show that they have adequate financial support. The updated rule maintains the requirement for a financial sponsor who meets or exceeds 125% of the Federal Poverty Guidelines. However, it also introduces a more nuanced evaluation of an applicant’s overall circumstances.
- Refugees and Asylees: Individuals in these categories are generally exempt from public charge determinations. They can apply for green cards without fear of being penalized for receiving public benefits, as their status is based on humanitarian grounds.
Groups Most Likely to Benefit or Face Challenges Under the New Rule
- Beneficiaries: Low-income families and individuals who rely on public benefits but do not fall under the definition of a public charge may benefit from the clarification provided by the new rule. This includes families with children who utilize programs like CHIP or WIC.
- Challenges: Conversely, applicants with limited financial resources or those who have previously accessed public benefits may face increased scrutiny under the new public charge guidelines. This could lead to anxiety about their eligibility and deter some from applying altogether.
Special Considerations for Certain Applicants
Certain groups, such as refugees and asylees, remain unaffected by public charge determinations when applying for green cards. Additionally, individuals with disabilities or those who have received benefits related to domestic violence or other adverse circumstances are considered in a more compassionate light under the new rules.
Practical Steps for Applicants
Documents and Evidence to Prepare
To avoid a public charge determination, applicants should prepare comprehensive documentation that demonstrates their financial stability:
- Affidavit of Support (Form I-864): This form must be completed by a financial sponsor who meets income requirements.
- Proof of Income: Include recent pay stubs, tax returns, and bank statements to demonstrate financial stability.
- Evidence of Assets: Documentation showing savings accounts, property ownership, or other assets can strengthen an application.
- Health Insurance Documentation: Proof of health insurance coverage can also be beneficial in demonstrating self-sufficiency.
Tips for Navigating Form I-944 (if applicable)
While Form I-944 (Declaration of Self-Sufficiency) was previously required under the Trump administration’s rules, it is no longer mandatory under the updated guidelines. However, if you encounter similar forms in your application process:
- Ensure all information is accurate and complete.
- Provide supporting documents demonstrating your ability to support yourself without relying on public benefits.
Importance of Seeking Legal Advice
Given public charge determinations’ complexities, applicants should consult with immigration attorneys or experts. Legal professionals can provide tailored advice based on individual circumstances and help navigate any potential pitfalls in the application process.
Current Date: January 7, 2025
As we assess the impact of these changes on green card applicants today, it is crucial to remain informed about ongoing developments in immigration policy.
FAQs About the Trial
What Is the Purpose of the Trial?
The trial evaluates how effectively the updated public charge rule can be implemented while ensuring fairness and accessibility for green card applicants.
How Can Applicants Find Out If They Are Part of the Trial?
USCIS will notify eligible applicants through official communication methods regarding their participation in any trial programs related to immigration processes.
Will the Changes in the Test Become Permanent?
While trials are conducted to assess new policies’ effectiveness, any changes resulting from these trials will undergo thorough evaluation before being permanently adopted into immigration procedures.
How Law and Visas Can Help?
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