With less than one week until USCIS implements the new Public Charge requirements, the agency has finally taken the step of making available online the form I-944 ‘Declaration of Self-Sufficiency’ that will be required of most applicants for Adjustment of Status in the United States.

Predictably, the form requests substantial personal financial information from all applicants and household members who reside with the applicant, such as previous receipt of public benefits, credit scores, personal assets and liabilities, and career and educational background information.  The form is 18 pages in length and requires voluminous supporting documentation be attached so that USCIS can undertake a thorough analysis, on evidence provided by applicants, of that applicant’s liklihood under a ‘totality of circumstances’ to become a Public Charge in the United States.

This is a burdensome new requirement on immigrants, to be sure.  We are in the very early phases of implementation of the new Public Charge rule.  For even seasoned immigration attorneys (such as yours truly) it will take months to discern agency adjudicatory interpretation of the rule, including applicant strengths, weaknesses and critical areas of focus to demonstrate qualification under the new, stricter standard.

Forms I-485 Application to Register Permanent Residence, I-864 Affidavit of Support, I-864A Contract with Household Member and I-539/A Application to Extend/Change Nonimmigrant Status have been updated as well.  All new Affidavit of Support and Adjustment of Status forms, including the I-944 Declaration of Self-Sufficiency, will be required with Adjustment of Status applications filed on or after October 15, 2019.

 

 

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U.S. citizen petitioners who sponsor an applicant for Adjustment of Status, a K-1 “fiance” visa or an immigrant visa must submit a USCIS form called an ‘Affidavit of Support’ (form I-864) before the adjustment can be finalized at the local USCIS district office or, in the case of a K-1 or immigrant visa application, at the U.S. consulate abroad.  The purpose of the Affidavit of Support under INA §213(A) is to provide the U.S. government reliable evidence that the adjustment or immigrant visa applicant will not seek public-charge benefits (e.g., Medicare, AFDC, Supplemental Security Income) during (generally) the first 10 years of the applicant’s presence in the United States or until they naturalize to U.S. citizenship.

The qualifying amount of income is 125% of the Department of Health and Human Services’ most recent federal poverty guidelines for the sponsor’s household size (100% for active duty military).  you can find 2015 poverty guidelines here

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