The “New” Form I-485, Application for Adjustment of Status
Eduardo Mattos • January 12, 2023
Congress established that a noncitizen's application for a visa, admission, or adjustment of status could be denied if they are found "likely at any time to become a public charge."
Under INA 212(a)(4), an applicant for a visa, admission, or adjustment of status likely to become a public charge is inadmissible. The INA does not define public charge. But it specifies that, at a minimum, certain factors must be considered when determining whether a noncitizen is likely to become a public charge at any time.
On September 9, 2022, DHS published a final rule that, among other provisions, defines "likely at any time to become a public charge" as "likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense." Finally, On December 23, 2022, the Department of Homeland Security (DHS) announced that the Public Charge Ground of Inadmissibility would go into effect.
USCIS must apply this public charge inadmissibility determination to most noncitizens who are applying for lawful permanent residence/Green Card when adjudicating Form I-485 (Application for Adjustment of Status, also known as the form that will give you a green card inside the U.S.) Consequently, as of December 23, 2022, all applicants must use the new version of Form I-485, which includes a new public charge portion and several additional questions.
This change will make it more burdensome for people trying to adjust their status while in the U.S. since the applicant will have to provide the following information carefully:
- Household size
- Annual household income
- The total value of household assets
- The 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
These changes make it even more important to have a licensed attorney working with you throughout your immigration case. If you have any questions, please do not hesitate to contact our office.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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