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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The answer to this is: it depends! Eligibility criteria for public benefits varies among states. It is always important to check what the state you live in requires for someone to receive public benefits. In the state of California, you might be eligible for public benefits depending on your immigration status. Public benefits may help you cover basic expenses like food, housing, and healthcare.
The answer to this question changed considerably after President Biden rolled back some of former President Trump’s harsh immigration policies. In 2019, Trump had issued an executive order known as “The Public Charge Final Rule,” which caused the receipt of most public assistance programs to negatively impact AOS applications, and with few exceptions (e.g. emergency services and Medicaid recipients who were pregnant or under the age of 21).
Choosing the right recommenders is one of the most critical steps in building a successful O-1 visa petition. The standard for this visa is a high one, you must not only be an accomplished professional within your field but among the very top cadre of your peers. Reference letters serve as the connective tissue of an O-1 petition, transforming a dry list of accolades into a compelling narrative of extraordinary achievement. While awards and press clippings prove that you did something, reference letters provide the expert testimony necessary to explain why it mattered. In the eyes of USCIS, these letters function as evidence that contextualize your work within the broader industry, offering a level of nuance and credibility beyond the objective facts of your career journey. Without them, an adjudicating officer is left to interpret complex professional milestones in a vacuum; with them, you have a panel of qualified experts certifying that you are not just competent, but extraordinary and indispensable to your field. In short, they are the "voice" of your petition, validating your status as an individual of extraordinary ability. If you are beginning the process of identifying your recommenders, here are four essential qualities you should look for in a contact. 1. High Public Visibility In the eyes of USCIS, the status of the recommender often reflects the status of the applicant. USCIS officers will scrutinize every aspect of your petition, and this includes researching your references. If a recommender is someone who is easily recognizable due to an extensive public profile, especially due to their accomplishments, it makes it easier to verify that their opinion of you as a candidate should be given more weight and taken seriously. Look for individuals who have a "public profile." This could mean: They are frequently quoted in major media outlets. They have a significant social media following or industry-wide recognition. They have won major awards (Oscars, Grammys, Pulitzers, etc.) or hold prestigious titles. Their name is synonymous with success in your specific niche. When an officer sees a letterhead from a globally recognized entity or a signature from a famous figure, it immediately sets the tone that you are a candidate worth evaluating, and the words they have written on your behalf will weigh strongly on the officer’s decision. 2. Significant Accomplishment in the Field Your recommender should be an "expert" in their own right, whatever that means for your particular field. USCIS needs to know that the person praising you is actually qualified to evaluate your talent and knows the difference between someone who is merely accomplished in the field versus someone who has reached the pinnacle of their profession. Ideally, your contact should be more senior or more accomplished than you are. They should have a track record of success that is beyond reproach. However, they don't necessarily have to be in your exact job title. They can be in a related field, provided they are in a position to judge your work. For example, if you are a VFX Artist, a famous Film Director or a Senior Producer would be highly qualified to evaluate your contributions to a production. 3. A Deep Professional or Personal Connection One of the most common mistakes O-1 applicants make is chasing "big names" who don't actually know them. A generic letter from a celebrity who has never met you will likely be dismissed as "boilerplate." The strongest letters come from people who can speak to your work with specificity because they have worked directly with you in a professional context. You should look for contacts who know you through: An extensive personal history: Someone who has mentored you or followed your career trajectory for years, who can thus attest to your professional growth and elite trajectory over time. Direct collaboration: Someone who has worked alongside you in a professional context, and has witnessed your impact as a professional first hand because they were also directly invested in whatever project or goal you were working towards. This can also include peers you competed against, if you are an athlete. Your reference letters should describe specific instances where your skills and accomplishments shined through, or where you and your reference worked together towards meeting some goal. This level of detail comes naturally when your reference truly knows you as a professional because of a deep familiarity with your work or direct experience with you as a professional. 4. A Willingness to Advocate Zealously This is perhaps the most underrated quality in a recommender. You do not want a contact who is only willing to "confirm the facts." A letter that simply affirms facts and offers a standard affirmation of your skills and accomplishments will not convey to the officer that you are truly extraordinary. You should seek recommenders who are willing to be effusive. They should be prepared to use strong language—words like indispensable, unparalleled, world-class, and pioneer. This is a visa for exceptionally accomplished professionals, and for your references to be effective their words must convey to the officer that you are truly extraordinary. If a contact is hesitant to provide a glowing, high-energy recommendation, they may not be the right choice for this specific legal process. Final Thoughts The O-1 visa is a high bar, and your reference letters are the pillars that hold up your petition. By seeking the right qualities in your references, you can ensure that you will receive strong and impactful letters that will in turn help to maximize your chances of receiving an O-1 visa. At Santos Lloyd Law Firm, we pride ourselves on assisting our talented clients in every aspect of the O-1 visa process. If you are an exceptionally talented individual considering applying for an O-1 visa, please contact us today and we will be happy to guide you towards a successful outcome.
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