Latest: On Green Cards and being a “Public Charge”

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The US Citizenship and Immigration Services (USCIS) has announced changes to Form I-485 or the Form for Adjustment of Status.

The change includes a new “public charge” portion, and some new questions for green card applicants.

The changes have been applied since December 23, 2022, according to the USCIS.

First, let’s review what a public charge is. Being a public charge means that a person is “primarily dependent” on the government, making them a “charge” to the public rather than a contributor. 

Green card applicants are not admissible to the US if they are likely to be a public charge. 

The keyword is self sufficiency.

The change is with proving one’s self sufficiency. Under the Trump administration, there was a whole separate form, the Declaration of Self Sufficiency, to prove that one was not likely to become a public charge. 

Under the Biden administration, some of the information asked by the discarded form will be included in the Form I-485.

Here’s what Boundless found: In the preview of Form I-485, if an applicant answers “yes” to being subject to public charge ground of inadmissibility on their form, they must provide the following information:

  • Household size
  • Annual household income
  • Total value of household assets
  • Total value of household liabilities
  • Highest degree or level of school completed
  • List of work-related skills, certifications, licenses, educational certificates
  • If an applicant has ever received cash benefit programs for income maintenance
  • If an applicant has ever received long-term institutionalization at the government’s expense

For guidance on getting a green card and navigating these new rules, reach out to a trusted immigration lawyer.

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