With the new public charge rule approaching, a dozen immigration forms have changed
As the date to start implementing the public charge ground of inadmissibility rule approaches, the U.S. Department of Homeland Security issued a policy alert on Wednesday with some of the highlights of the new guidance.
The U.S. Citizenship and Immigration Services, a DHS agency, also published the revised forms of 12 immigration processes impacted by the new rule — one of the harshest immigration policies targeting low-income immigrants who receive public benefits.
The immigration agency informed that the new guidance, taking effect on Feb. 24, applies to all applications and petitions postmarked on or after that day.
Some of the policy changes highlighted on Wednesday include a definition of the term “public charge,” as well as the types of public benefits that are considered in public charge inadmissibility determinations, which block an immigrant’s path to permanent resident status.
What is public charge ground of inadmissibility?
The final rule prescribes how DHS determines whether an immigrant applying for admission with a visa or adjustment of status is inadmissible to the U.S. because he or she is likely at any time to depend on public resources to meet their needs.
The rule applies to applicants who want to adjust their status to that of lawful permanent residents from within the United States. But it also affects non-immigrant visa holders seeking to extend their stay in the U.S. or change to another non-immigrant visa category.
According to a USCIS press release sent on Wednesday, certain categories of immigrants are exempt from the rule, such as refugees, asylees, petitioners under the federal Violence Against Women Act, and certain T and U visa applicants.
Read more: Here’s what it takes for an immigrant to get a green card — and not lose it
Additionally, the immigration agency clarified on its policy alert that the rule won’t apply in naturalization proceedings for permanent residents with green cards that are applying for U.S. citizenship.
“The final rule requires aliens to report certain information related to public benefits. Instructions for Form I-944 require aliens subject to the public charge ground of inadmissibility to report and submit information about whether the alien applied for, was certified or approved to receive, or received certain non-cash public benefits on or after Oct. 15, 2019,” USCIS said.
New forms consistent with new immigration policy
The public charge rule results in additional questions on many forms used by non-citizens to apply for immigration benefits.
On Feb. 5, 2020, USCIS issued the new forms, which will impact 12 immigration processes.
Read more: It is hard for immigrants to get green cards and other benefits. These tools help.
These are the new versions of the forms that have changed:
▪ Form I-129, Petition for a Nonimmigrant Worker
▪ I-485, Application to Register Permanent Residence or Adjust Status
▪ I-539, Application To Extend/Change Nonimmigrant Status
▪ Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker
▪ I-601, Application for Waiver of Grounds of Inadmissibility
▪ I-864, Affidavit of Support Under Section 213A of the INA
▪ I-864A, Contract Between Sponsor and Household Member
▪ I-864EZ, Affidavit of Support Under Section 213A of the Act
▪ I-912, Request for Fee Waiver
▪ I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
▪ Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status (PDF)
Finally, green card applicants will be required to submit Form I-944, Declaration of Self-Sufficiency, to demonstrate assets, resources and financial status, in conjunction with Form I-485.
For detailed information follow USCIS’ instructions for Form I-944.
Read more: If it seems like your green card is taking too long, here’s how to check
Daniel Shoer Roth is a journalist covering immigration law who does not offer legal advice or individual assistance to applicants. Follow him on Twitter @DanielShoerRoth or Instagram. The contents of this story do not constitute legal advice.
Read more about legal and immigration issues in Spanish at AccesoMiami.com
This story was originally published February 5, 2020 at 5:31 PM.
