New i-485 field about Public Charge

[LucyF 1]

Hi everyone,

 

For the newest i-485 form > Part 8 #61: Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)? ---would like to learn your thoughts.

 

I am helping my parents with this form. They have never and will not need the public welfare benefits, my income meet the finance requirements. However, I believe they by definition are also not exempted from the public charge ground? Should I answer YES?

 

I also see some other posts in this forum to suggest answering NO because the guideline only requires our best understanding. Really not sure what to do here. Thoughts?

 

Thank you.

[EM_Vandaveer 2,408]

The question, I believe, in plain English is asking "Are you inadmissible on those grounds?" So the answer to that is NO, according to what you wrote.

[jan22 3,052]

The answer to the question for almost all applicants will be "Yes".   It is not asking if you actually are inadmissible under a public charge finding. Rather, it is asking whether you have to meet the requirement for not becoming a public charge.

 

If you read the "Alert" on the DHS home page for the I-485, it makes it somewhat cIear that this question was added to the newest form to collect the data to show the applicant overcomes the public charge requirement.   On page 8 of the instructions for the I-485 (https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf ), there is a link to a list of those who can answer "No" to the question (i.e., those who are exempt from this inadmissibility): https://www.uscis.gov/policy-manual/volume-8-part-g .

 

Even with the link, it is not easy to find the list, though!  The link only takes you to the Volume 8 (Admissibility) Part G (Public Charge Ground of Inadmissibility) -- a whole chapter on public charge.  The link doesn't take you specifically to Chapter 3, where you need to start looking.  This link (https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3) takes you to Chapter 3 (ApplIcability).  In this chapter, you need to scroll down to Part C ( Exemptions) to see the list of categories of those to whom the public charge does not apply (i.e., those who are exempt from it).   Unless your parents fall under one of those categories, you have to say "Yes" to question 61 and answer the required questions that follow it.

Edited April 28, 2023 by jan22

[powerpuff 6,697]

3 hours ago, jan22 said:

The answer to the question for almost all applicants will be "Yes".   It is not asking if you actually are inadmissible under a public charge finding. Rather, it is asking whether you have to meet the requirement for not becoming a public charge.

 

If you read the "Alert" on the DHS home page for the I-485, it makes it somewhat cIear that this question was added to the newest form to collect the data to show the applicant overcomes the public charge requirement.   On page 8 of the instructions for the I-485 (https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf ), there is a link to a list of those who can answer "No" to the question (i.e., those who are exempt from this inadmissibility): https://www.uscis.gov/policy-manual/volume-8-part-g .

 

Even with the link, it is not easy to find the list, though!  The link only takes you to the Volume 8 (Admissibility) Part G (Public Charge Ground of Inadmissibility) -- a whole chapter on public charge.  The link doesn't take you specifically to Chapter 3, where you need to start looking.  This link (https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3) takes you to Chapter 3 (ApplIcability).  In this chapter, you need to scroll down to Part C ( Exemptions) to see the list of categories of those to whom the public charge does not apply (i.e., those who are exempt from it).   Unless your parents fall under one of those categories, you have to say "Yes" to question 61 and answer the required questions that follow it.

That makes a lot of sense, thanks for clarifying. I always thought the answer would be No to the question but it is indeed “yes”