Public charge

[SDNOMAD 17]

Hi guys I understand the new public charge comes into effect on Feb 24 does this mean that there will be a new revised I-864 and or new document requirements after that date?

[dwheels76 5,468]

5 minutes ago, SDNOMAD said:

Hi guys I understand the new public charge comes into effect on Feb 24 does this mean that there will be a new revised I-864 and or new document requirements after that date?

Public Charge Inadmissibility Final Rule: Revised Forms and Updated Policy Manual Guidance

 

U.S. Citizenship and Immigration Services has published revised forms consistent with the final rule on the public charge ground of inadmissibility, which the U.S. Department of Homeland Security, including USCIS, will implement on Feb. 24, 2020. Beginning Feb. 24, 2020, applicants and petitioners must use new editions of the following forms below (except in Illinois, where the rule remains enjoined by a federal court): 

• 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

In addition, except in Illinois, applicants for adjustment of status subject to the public charge ground of inadmissibility and the Final Rule will be required to submit Form I-944, Declaration of Self Sufficiency. Certain applicants whom USCIS invites to submit a public charge bond will use the new Form I-945, Public Charge Bond, for that purpose, and the new Form I-356, Request for Cancellation of Public Charge Bond, to request cancellation of a public charge bond.

Certain classes of aliens (such as refugees, asylees, petitioners under the federal Violence Against Women Act, and certain T and U visa applicants) are exempt from the public charge ground of inadmissibility and therefore are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of aliens who are exempt from the final rule, please see the USCIS Policy Manual.

Reporting Information About Benefits

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.

Instructions for Forms I-129, I-129CW, and I-539 require the petitioner or alien to report whether the alien received public benefits since obtaining the nonimmigrant status the alien seeks to extend or change.

Due to litigation-related delays in the rule’s implementation, USCIS is applying all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020. Petitioners and applicants should do the same. In other words, aliens do not need to report the application, certification or approval to receive, or receipt of certain non-cash public benefits on the Form I-944 before Feb. 24, 2020. Similarly, petitioners and aliens do not need to report an alien’s receipt of any public benefits on Forms I-129, I-129CW, and I-539 if the benefits were received before Feb. 24, 2020.

Postmarks and Submission Dates for Forms

USCIS will accept the current edition of these forms if they are postmarked (or submitted electronically, if applicable) before Feb. 24, 2020. We will not accept them if they are postmarked on or after Feb. 24, 2020, except in Illinois. For applications and petitions that are sent by commercial courier (such as UPS, FedEx or DHL), the postmark date is the date reflected on the courier receipt.

Illinois Residents

USCIS is prohibited from implementing the final rule in Illinois, where it remains enjoined by the U.S. District Court for the Northern District of Illinois. If the injunction in Illinois is lifted, USCIS will provide additional public guidance. If you are applying for immigration benefits and live in Illinois, or are a petitioning employer in Illinois, please review the information on our website about how Illinois residents may access forms and apply in light of the injunction.

Further Information

USCIS has also published guidance based on the final rule in the Policy Manual. For additional information, see the Policy Alert.

For more information about the final rule, see the Final Rule on Public Charge Ground of Inadmissibility webpage. 

[pushbrk 12,898]

It's not yet clear to me under which circumstances the I-944 is required for adjustment of status cases.  It IS clear that it is not yet required in immigrant visa cases.

[geowrian 22,337]

3 hours ago, pushbrk said:

It's not yet clear to me under which circumstances the I-944 is required for adjustment of status cases.  It IS clear that it is not yet required in immigrant visa cases.

the specific rules are in the upcoming I-485's instructions: https://www.uscis.gov/system/files_force/files/form/i-485instr-pc.pdf

Quote

Who Must Submit Form I-944 and Form I-864

If you are a principal or derivative applicant, you must submit Form I-944 and Form I-864 with your Form I-485 if you are applying under one of the following immigrant categories (unless otherwise stated):

A. Immediate relative (spouse of a U.S. citizen, parent of a U.S. citizen if the U.S. citizen is 21 years of age or older, and unmarried child under 21 years of age of a U.S. citizen);

B. Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories;

C. Person admitted to the United States as a K-1 nonimmigrant fiancé(e) or K-2 nonimmigrant child of a fiancé(e) of a U.S. citizen; or

D. Alien worker under the employment-based preference categories ONLY if a relative filed Form I-140 for you or has a five percent or more ownership interest in the business that filed Form I-140 for you. Note that:

  (1) The relative who is the sponsor for Form I-864 must be your husband, wife, father, mother, child, adult son, adult daughter, brother, or sister; and

  (2) The relative who is the sponsor for Form I-864 must also be a U.S. citizen, U.S. national, or lawful permanent resident; however, if your relative is your brother or sister, Form I-864 is only required if he or she is a U.S. citizen (but not if he or she is a lawful permanent resident).

 

Who Must Submit Form I-944 (and not Form I-864)

If you are a principal or derivative applicant, you must submit Form I-944 with your Form I-485 if you are applying under one of the following immigrant categories:

A. Widow or widower of a U.S. citizen;

B. Alien worker under the employment-based preference categories (Exception: You may also need to file Form I-864 if a relative filed Form I-140 for you or has five percent or more ownership interest in the business that filed Form I-140 for you. See the list above for more details.);

C. Alien entrepreneur;

D. Diplomats or high ranking officials unable to return home (Section 13 of the Act of September 11, 1957);

E. S nonimmigrants and qualifying family members (Form I-485 can only be filed by law enforcement agencies, not by an individual);

F. Diversity Visa program; or

G. Special Immigrants listed below:

  (1) Certain U.S. armed forces (also known as the Six and Six program);

  (2) Panama Canal Zone employees;

  (3) Certain broadcasters;

  (4) G-4 or NATO-6 employees and their family members;

  (5) International employees of the U.S. Government abroad;

  (6) Religious workers;

  (7) Certain physicians; or

  (8) Certain employees or former employees of the U.S. Government abroad.

H. Applicants adjusting under the Amerasian Act (October 22, 1982).

 

The DS-5540 is not yet finalized but is the DOS-equivalent form to the I-944. DOS has requested that the OMB expedite review and approval of the form so it can be in place on Feb. 24th as well, although no decision has been made yet.