Biden’s public charge rule update
Biden’s public charge rule update
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A new version of Form I-485, Application for Adjustment of Status, has been available since December 23, 2022. It includes a new public charge portion and several additional questions.
This was announced by the Biden administration at the end of last year after the publishing of a new public charge rule published on September 8, 2022. It was not being applied since the beginning of 2021.
What is the public charge rule?
It determines whether a Green Card applicant is admissible to the US based on their likelihood of becoming a public charge.
On this new revision, the Department of Homeland Security, DHS, considers applicants a public charge risk if they depend primarily on the government for subsistence. This is determined by the receipt of public cash assistance for income maintenance or long-term institutionalization at the government’s expense.
Therefore, through the new Form I-485, the USCIS (United States Citizenship and Immigration Services) will again capture information previously collected during Trump’s administration with the discontinued Form I-944 (Declaration of Self-Sufficiency).
When does this new rule enter into effect?
The new rule has been effective since December 23, 2022. This means that Form I-485 will be required for all applications postmarked on or after the effective date.
If an applicant answers “yes” to being subject to public charge grounds of inadmissibility on the 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
If you have more questions about the public charge rule or immigration, you can check the USCIS resource list regarding this topic and contact us at Kannan Law. We are immigration attorneys in San Diego, California.