For all immigrants and their dependents petitioning to come to the US for permanent residency, USCIS will now check to see if the petitioner is likely to access public cash assistance or depend on state institutions for long term care at the government’s expense and thus, become a ‘public charge’. If so, starting Feb. 24, 2020 petitioners with the potential to become a public charge will be inadmissible into the US.
Forms for Public Charge Rule
With this in view, USCIS has released newly revised forms that are to be used starting Feb 24, 2020 when the ruling goes into effect.
- Form I-944, Declaration of Self Sufficiency
- Form I-129, Petition for a Nonimmigrant Worker
- Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
- Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
- Form I-539, Application to Extend/Change Nonimmigrant Status
- Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status (PDF)
- Form I-601, Application for Waiver of Grounds of Inadmissibility
- Form I-864, Affidavit of Support Under Section 213A of the INA
- Form I-864A, Contract Between Sponsor and Household Member
- Form I-864EZ, Affidavit of Support Under Section 213A of the INA
- Form I-912, Request for Fee Waiver
What Factors Are Considered to Assess an Alien Immigrant as ‘public charge’?
The ‘wealth test’ implemented by USCIS will assess the following before determining whether he will become dependent upon the US government for subsistence:
- age
- health
- family status
- assets
- resources
- financial status
- education and
- skills
No single factor, other than the lack of an affidavit of support, if required, will determine whether an individual is a public charge. If the visit is temporary and of non-immigrant nature, the visitor can be a self-sponsored during his visit to the US.
For more details and information on the Public Charge Rule, stay tuned to Path2USA for regular updates.
