As background, in a new rule issued September 29, 2022, the Biden Administration clarified and aligned the existing Public Charge rule with long-standing USCIS practice, which requires most “green card” applicants to show that they will not need to primarily rely on public assistance if they become a U.S. permanent resident.
The new rule requires additional disclosures from most applicants filing I-485 applications for Adjustment of Status. The additional information required on the revised Form I-485 includes the following for each applicant:
Household size
Household income
Household assets
Household liabilities
Highest level of education
Certifications, licenses, and educational certificates earned
Whether the applicant has received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context)
Whether the applicant has ever received long-term institutionalization at government expense
Note that unlike a previous version of the public charge rule, documentation of the above is not required in initial filings. USCIS will issue a “Request for Evidence” if it requires further information to process your case. As mentioned the Form I-485 has been updated to require this new information and the new form must be used for filings postmarked on or after the effective date of December 23, 2022.
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