Public Charge - Form I-485 Part 8. Items 61 to 68.d. - Filling this out for a parent of adult US citizen - This section is confusing as Hell need some guidance

[I&G 2]

I am filling Form I-485 in conjunction with I-130 to adjust the status of a parent of US citizen living in the United States and I am very confused by the section about 'Public Charge' in Part 8. items 61 to 68.d. on page 13 and 14 of the form.

 

From the related guidance it seems that the the mother of a US citizen applying for adjustment of status is subject to the public charge ground of inadmissibility under INA section 212(a)(4) - so I would answer Yes for item 61. 

 

However, right after that things getting pretty confusing. Item 62 asks for size of your household, however, according to the guidance the only household members the applicant is required to list are:

• themselves
• their spouse
• their parents
• unmarried siblings
• unmarried children under 21 residing with them.
• or any other individuals who list them as a dependent on their federal income tax return

 

According to this, the applicant would only list themselves as part of the household because although she is living with her daughter, son in law and her two grandchildren, none of these people fall into the categories as defined in the I-485 instructions. So technically the household has 5 members (including the applicant), but am I not supposed to put 5 because they are not any of those listed people?

 

This doesn't seem right, which has me questioning if I should even answer yes to to item 61 - that the applicant is subject to the public charge ground of inadmissibility under INA section 212(a)(4).  Or do I disregard the guidance and put the 5 people even though they do not fit into those categories? 

 

I am slightly leaning toward thinking I don't have to answer yes to item 61 that she is subject to the public charge thing because why would we then have to list annual household income, assets, liabilities in items 63 to 65 if she is not part of the wider household according to this definition in the instructions? She has no US-based assets or income and has never applied or benefited from public assistance in the USA. And even if I say yes that she is subject to the public charge and list the household as 5, why do I have to put all this info about our family assets etc, which are separate from hers, on this form when she is the applicant and we are filing an Affidavit of Support, which details our income when sponsoring her as the beneficiary? 

 

If anyone has any experience or knowledge about how to handle this type of situation it would be great to get your insights about how to proceed.  I am sure this will be something many will be dealing with now and it would great to know what we're supposed to do! 

 

Hopefully someone can help out.  Many thanks

 

[Dashinka 24,437]

Will your mother be requiring public welfare benefits?  Do you meet the requirements of the I864 to support your mother?

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS of parent ***

 

[I&G 2]

11 hours ago, Dashinka said:

Will your mother be requiring public welfare benefits?  Do you meet the requirements of the I864 to support your mother?

Hello,

 

As far as I understand from the guidance she will not require any of the listed welfare benefits.  We do as a family meet the requirements of the I-864 as well.  I still am unclear what to do. This is a very confusing addition the Form. 

 

 

[Dashinka 24,437]

Others may know better, but if you meet the requirements of the I864, your mother should not require public assistance, so the answer to 61 should be no.

[Family 3,988]

Simply put , if you are adjusting through a family based petition, and not through the listed exempt categories ( like VAWA, asylum…etc.), then the answer is YES on 61 .to acknowledge your filing category is subject to the rule. 
You then have an opportunity to answer if you have ever used public benefits and of course, that will be NO for almost everyone filing. 

https://cliniclegal.org/resources/public-charge-related-questions-form-i-485

Question 61 asks whether the applicant is subject to the public charge ground of inadmissibility. The adjustment of status applicants who are exempted from the public charge ground of inadmissibility are listed in 8 CFR § 212.23(a).

 

[Family 3,988]

18 hours ago, I&G said:

According to this, the applicant would only list themselves as part of the household because although she is living with her daughter, son in law and her two grandchildren, none of these people fall into the categories as defined in the I-485 instructions. So technically the household has 5 members (including the applicant), but am I not supposed to put 5 because they are not any of those listed people?

Think of the household number based on what the I-864 contains..and who she lives with and is /will be dependent on . So household is 5 .

[JerseyDomRep1 8]

On 1/10/2023 at 12:23 AM, I&G said:

I am filling Form I-485 in conjunction with I-130 to adjust the status of a parent of US citizen living in the United States and I am very confused by the section about 'Public Charge' in Part 8. items 61 to 68.d. on page 13 and 14 of the form.

 

From the related guidance it seems that the the mother of a US citizen applying for adjustment of status is subject to the public charge ground of inadmissibility under INA section 212(a)(4) - so I would answer Yes for item 61. 

 

However, right after that things getting pretty confusing. Item 62 asks for size of your household, however, according to the guidance the only household members the applicant is required to list are:

• themselves
• their spouse
• their parents
• unmarried siblings
• unmarried children under 21 residing with them.
• or any other individuals who list them as a dependent on their federal income tax return

 

According to this, the applicant would only list themselves as part of the household because although she is living with her daughter, son in law and her two grandchildren, none of these people fall into the categories as defined in the I-485 instructions. So technically the household has 5 members (including the applicant), but am I not supposed to put 5 because they are not any of those listed people?

 

This doesn't seem right, which has me questioning if I should even answer yes to to item 61 - that the applicant is subject to the public charge ground of inadmissibility under INA section 212(a)(4).  Or do I disregard the guidance and put the 5 people even though they do not fit into those categories? 

 

I am slightly leaning toward thinking I don't have to answer yes to item 61 that she is subject to the public charge thing because why would we then have to list annual household income, assets, liabilities in items 63 to 65 if she is not part of the wider household according to this definition in the instructions? She has no US-based assets or income and has never applied or benefited from public assistance in the USA. And even if I say yes that she is subject to the public charge and list the household as 5, why do I have to put all this info about our family assets etc, which are separate from hers, on this form when she is the applicant and we are filing an Affidavit of Support, which details our income when sponsoring her as the beneficiary? 

 

If anyone has any experience or knowledge about how to handle this type of situation it would be great to get your insights about how to proceed.  I am sure this will be something many will be dealing with now and it would great to know what we're supposed to do! 

 

Hopefully someone can help out.  Many thanks

 

 

[Anyi 0]

On 1/10/2023 at 12:23 AM, I&G said:

 

 

"This doesn't seem right, which has me questioning if I should even answer yes to to item 61 - that the applicant is subject to the public charge ground of inadmissibility under INA section 212(a)(4).  Or do I disregard the guidance and put the 5 people even though they do not fit into those categories? 

 

I am slightly leaning toward thinking I don't have to answer yes to item 61 that she is subject to the public charge thing because why would we then have to list annual household income, assets, liabilities in items 63 to 65 if she is not part of the wider household according to this definition in the instructions? She has no US-based assets or income and has never applied or benefited from public assistance in the USA. And even if I say yes that she is subject to the public charge and list the household as 5, why do I have to put all this info about our family assets etc, which are separate from hers, on this form when she is the applicant and we are filing an Affidavit of Support, which details our income when sponsoring her as the beneficiary? "

Quote

 

 

Quote

I am going through the same situation. Did you find out a good response to those questions?

 

 

Edited March 1, 2023 by Anyi

[I&G 2]

20 hours ago, Anyi said:

Quote

I am going through the same situation. Did you find out a good response to those questions?

 

I spoke with an attorney and explained what I posted here and he said to skip it. 

 

It is something new and it is extremely confusing.... I will be writing an explanation as to why I chose to put 'No' in the Additional information section just to cover all bases.

 

In the instructions it says:

 

"Part 8. General Eligibility and Inadmissibility Grounds. Select the answer you think is correct. If you answer
“Yes” to any questions (or if you answer “No,” but are unsure of your answer), provide an explanation of the
events and circumstances in the space provided in Part 14. Additional Information."

 

This leads to believe they are giving some leeway with this section - probably because it is a completely new section. If someone ends up doing it incorrectly, they'll ask you to resubmit the form later. 

 

 

[luckygal 1]

On 3/1/2023 at 2:46 PM, I&G said:

I spoke with an attorney and explained what I posted here and he said to skip it. 

 

It is something new and it is extremely confusing.... I will be writing an explanation as to why I chose to put 'No' in the Additional information section just to cover all bases.

 

In the instructions it says:

 

"Part 8. General Eligibility and Inadmissibility Grounds. Select the answer you think is correct. If you answer
“Yes” to any questions (or if you answer “No,” but are unsure of your answer), provide an explanation of the
events and circumstances in the space provided in Part 14. Additional Information."

 

This leads to believe they are giving some leeway with this section - probably because it is a completely new section. If someone ends up doing it incorrectly, they'll ask you to resubmit the form later. 

 

 

i am on the same boat. But i just put Yes and  2 household (mom&dad).

What did you put on i130 question 28/29 about city & country of residence? They are tourist right now. Should i put the US Address?

[JER2020 29]

On 1/10/2023 at 6:34 PM, Family said:

Simply put , if you are adjusting through a family based petition, and not through the listed exempt categories ( like VAWA, asylum…etc.), then the answer is YES on 61 .to acknowledge your filing category is subject to the rule. 
You then have an opportunity to answer if you have ever used public benefits and of course, that will be NO for almost everyone filing. 

https://cliniclegal.org/resources/public-charge-related-questions-form-i-485

Question 61 asks whether the applicant is subject to the public charge ground of inadmissibility. The adjustment of status applicants who are exempted from the public charge ground of inadmissibility are listed in 8 CFR § 212.23(a).

 

 

I agree, not sure why so many are misinterpreting the question when it is very clear in the instructions. 

 

The answer should be YES and then as you said, answer NO to having used public benefits. Here I also added supporting evidence of the applicant have a college degree to establish a profile that is convincing to the USCIS officer in understanding they are not likely to become a public charge. This is like the medical exam, all applicants are subject, I'm sure there's exception, but its the same logic. You are ultimately trying to establish that you will be a contribution to the economy and not a burden, that is the entire purpose of the I-864 and it has to be interpreted in that context. I'm sure for everyone submitting with NO and still being accepted, is just some flexibility by USCIS because of the confusion around interpretation.

 

B. Applicants for Adjustment of Status

Unless they are specifically exempt from the public charge ground of inadmissibility, the public charge ground of inadmissibility will generally apply to all applicants for adjustment of status, including, but not limited to:

• Family-based applicants;

• Employment-based applicants; and

• Diversity visa applicants.

 

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3

[Smile_goongyi 10]

Hi just wanted to ask the same scenario, what did you guys answer in Part 8, #61-68.d if you are petitioning your parents?   Are those field be meant for the petitioner /me since I'm preparing this form i-485 on behalf of my mother?  Or those field are meant for my mother whom I am petitioning? Just confuse.  Hope somebody can help.  Thank you.

[CitizenWheelz 9]

On 3/1/2023 at 5:46 PM, I&G said:

I spoke with an attorney and explained what I posted here and he said to skip it. 

 

It is something new and it is extremely confusing.... I will be writing an explanation as to why I chose to put 'No' in the Additional information section just to cover all bases.

 

In the instructions it says:

 

"Part 8. General Eligibility and Inadmissibility Grounds. Select the answer you think is correct. If you answer
“Yes” to any questions (or if you answer “No,” but are unsure of your answer), provide an explanation of the
events and circumstances in the space provided in Part 14. Additional Information."

 

This leads to believe they are giving some leeway with this section - probably because it is a completely new section. If someone ends up doing it incorrectly, they'll ask you to resubmit the form later. 

 

 

 

As others members said, the question is clear as crystal water. If you read the instructions for each form you will not be confusing at all. If you the US Citizen is petitioning for your parents or any other family member here in the United States or outside the United States, they are subject to the public charge, period. Why? Because they will be getting a green card and they are not US Citizens yet. Only US Citizens and other type of applicants such as vawa or asylee are not subject to the public charge.

 

Will your mother have US Citizenship with this application? No

 

Is your mother adjusting status through asylee or vawa? No. 

 

So that means she is subject to the public charge. 

 

Does it means that she will need public charge? No necessary, especially if you the us citizen or the sponsor (if you happen to have an sponsor) meet the income requirement. 

 

Only some petitions or applicants are not subject to the public charge, such as vawa and asylees applicants.

 

Read the question carefully, the questions is simply asking whether your petition falls under the public charge category or not, in this case it does since is a family based petition, is not asking you if the applicant will be a public charge or if the applicant will need welfare because if you or your family meet the necessary income than there is no public charge or walfare need here. 

 

The correct answer here would be Yes for 61 and then answer the rest for the household members and income requirements. 👋

[Ontarkie 14,193]

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