On August 14, 2019 the Department ofHomeland Security (DHS) announceda new “public charge” rule; this rule will go into effect on October 15, 2019 anddirectly impacts all individuals applying for a green card.
At this point the Trump Administrationhas only released a draft version of the new Form I-944. USCIS has not yet released any final forms ordocuments. Accordingly, we are advisingclients to try and file as many cases before October 15 because it isimpossible to say with certainty what the new forms will require.
Background
A public charge is someone who isdependent on the government, through benefits programs. The Trump Administration’s new rule changesthe standard by the USCIS determines whether a foreign national is likely tobecome a public charge. Under the previouspolicy, USCIS examined whether an intending immigrant was primarily dependenton public benefits. Under the newrule, USCIS will examine whether immigrants are likely at any time tobecome a public charge, using a multi-factor test.
USCIS is now required to consider arange of factors when making a determination if the foreign national visaapplicant is likely to become a pubic charge. These factors include:
a. Receipt of a public benefit for morethan 12 months in the aggregate within a 36 month period
b. Age
c. Health
d. Family status
e. Education and skills
f. Assets, resources, and financialstatus
New Form I-944
A draft version of the form I-944,Declaration of Self-Sufficiency, has been released by the USCIS. In addition to the I-944, new versions of theseveral other immigration forms required for green card applications, H-1Bs,and H-4s will be updated. The USCIS hasnot yet published the final version of the I-944 and the other revised forms.
The draft version of the I-944requires all green card applicants to provide detailed information about his orher household. The applicant’s householdincludes anyone listed as a dependent on the applicant’s tax return and anyonefor whom the applicant provides 50% or more support. The form I-944 asks for:
· Thename, date of birth, and relationship to the applicant of each member of thehousehold
· Theeducation and occupational skills for an applicant who does not have anapproved I-140; for applicants who do have an approved I-140, the applicantmust provide the I-140 receipt number
· Theincome of the applicant and all household members
· Alist of any assets held by household members that can be converted into cashwithin 12 months, e.g. checking and savings accounts, stocks and bonds,retirement accounts, etc.
· Alist of any liabilities or debts held by household members, e.g. mortgages, carloans, credit card debt, unpaid taxes, etc.
· Thecredit report and credit score of all applicants
· Theterms and type of health insurance policy held by each applicant
· Theapplication, receipt, or certification of public benefits for each applicant,including enrollment, disenrollment, and withdrawing of public benefits
The adjudicating Officer will reviewall of the above listed information when making a determination as to whetherthe green card applicant is likely to become a public charge. At this time, it is unclear if all of theitems listed above will be required of all applicants, even when theapplicant’s income meets a certain threshold or the applicant has guaranteedemployment in the United States because of an approved I-140.
Conclusion
Policy experts forecast that this rulewill likely be applied inconsistently, cause fewer legal immigrants to enterthe United States, and cause further delays in the processing of immigration applicationsby the USCIS. MU will send additionalinformation once the immigration forms have been finalized and greater clarityis provided by the USCIS.
