How to comply with the Public Charge Rule if you are applying for Adjustment of Status.
If you are eligible to apply for your green card in the U.S., you will have to file a Form I-485 Application for Adjustment of Status with the U.S. Department of Homeland Security (DHS). This process of Adjustment of Status, which is distinguished from Consular Processing (ie. applying for your green card at a U.S. consulate overseas) allows you to apply for your green card in the U.S. and have your status “adjusted”, from whatever legal status you are currently in, to that of a permanent resident green card holder by DHS. According to the new Public Charge Rule, all applicants who file for Adjustment of Status on or after February 24, 2020 will have to comply with the Rule, unless they fall under an exempt category (which I have covered in a previous post).
Applicants who are subject to the Rule are required to file an I-944 Declaration of Self Sufficiency, for which there is no filing fee. Applicants will also have to provide all of the required documentation that is requested in the form and which is set forth in the Instructions. The exact documents that each applicant will have to provide will really depend upon their answers to all of the questions in the I-944 form. For example, while all applicants will have to provide IRS transcripts of Federal income tax returns for all of the members of the applicants household, only applicants who actually received public assistance in the U.S. will have to provide documentation of the assistance they received.
In short, the purpose of Form I-944 is to show USCIS that you are NOT likely to become a public charge to the U.S. or any state government at any time in the future. Remember, if you cannot show that you are not likely to become a public charge in the future, then under U.S. Immigration law, you are deemed inadmissible to the U.S. and your application for adjustment of status will be denied.
Looking at it another way, in order to show that you are not likely to become a public charge in the future, you must prove that you will be “self sufficient” if you are granted the privilege of becoming a U.S. permanent resident. In this sense, the door is still wide open to immigrants and the U.S. government is simply saying “If you qualify and follow the rules, you are welcome to stay and live in the U.S.; but as a condition, you must show that federal and state governments will not have to support you.”
While the financial support requirements of the “old” sponsorship rule remain in place and U.S. sponsors will still have to file a Form I-864 Affidavit of Support, the clear purpose behind the Public Charge Rule is to shift the focus away from the U.S. sponsor and to the immigrant applicant. For applicants and their sponsors, this new focus will require a much greater investment of time into collecting information and documentation prior to filing for adjustment of status. And in many cases, it will also require a certain amount of advocacy and attention to detail, along with an organized presentation of the evidence that supports the applicant’s position that he or she is not likely to become a public charge in the future. Applicants who are not sure about whether they qualify under the new Public Charge Rule guidelines would be well advised to consult with an experienced U.S. immigration lawyer.
If you have questions about the new Public Charge Rule, contact my office to schedule a consultation to discuss your case. In addition to having practiced U.S. Immigration law for over 25 years, I have spent a considerable amount of time reviewing all of the Public Charge Rule requirements and forms in order to deliver the highest level of professional service and advice to all my clients. Invest in your future today by hiring my firm so that I can put my years of experience to work for you and your family, and together, we can improve your chances of getting your Adjustment of Status application approved.
