Green card seekers required to declare self-sufficiency

USCIS will reject applications without evidence of self-sufficiency after Oct. 13.

With the Trump administration resuming implementation of public charge rule, Indians and others seeking a green card or adjustment of status are now required to file a declaration of self-sufficiency.

A recent US Department of Homeland Security (DHS) announcement says it will apply the public charge final rule to all applications and petitions postmarked or submitted electronically on or after Feb. 24, 2020, including pending applications and petitions.

Those filing Form I-485, Application to Register Permanent Residence or Adjust Status, after that date may be required to file Form I-944, Declaration of Self-Sufficiency, it said.

USCIS launches move to make sponsors pay for public benefits (September 10, 2020)

If the US Citizenship and Immigration Services (USCIS) does not receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, it would request any missing forms and evidence.

However, after Oct. 13, 2020, the immigration agency will reject Form I-485 if it does not include the required forms and evidence with Form I-485 at the time of filing.

USCIS said it would also ask for any missing evidence for Form I-129, Petition for a Nonimmigrant Worker; Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker; Form I-539, Application to Extend/Change Nonimmigrant Status; and Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status.

READ: Federal judge in New York blocks the public charge rule (October 11, 2019)

However, USCIS will not re-adjudicate any applications and petitions that were approved following the issuance of the July 29, 2020, injunction continuing until the date of the new notice.

A Sept. 11, 2020, court decision, DHS says allows it to resume implementing the Inadmissibility on Public Charge Grounds Final Rule nationwide, it says on its website.

The decision stays an earlier injunction, issued during the coronavirus pandemic, that prevented DHS from enforcing the rule during a national health emergency, it said.

The liability to prove that that the applicant would not be becoming a public charge applies to all non-immigrant visa applicants such as B-1, F1, H-1B, H-4, L-1 and L-2.

It also applies to non-immigrants applying for adjustment of status on visas such as EB-1, EB-2 and EB-3, among others.

The public benefits that can affect employment-based immigrants if used for more than 12 months in any 36-month period include federally funded Medicaid with certain exclusions.

Receipt of Medicaid in an emergency medical condition is not taken into consideration. Similarly Medicaid benefits received by any alien less than 21 years of age or a pregnant woman are also excluded.

READ MORE:

Which Public Benefits can constitute Public Charge for green card applicants (August 19, 2019)

New Public Charge rule likely to cause further delays in green cards for Indians (August 15, 2019)

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