What is the new Public Charge Rule? If you aspire to obtain a green card, then you must know the answer to this question. In our guide, we will provide you with many details about the new requirements that applicants for a green card must meet, how they can affect them and the keys for your application to be accepted.
Understanding What the Public Charge Rule Is
Let us start by understanding what the public charge rule is. This is found in section 212 (a)(4) of the Immigration and Nationality Act. It is responsible for ensuring that all people who apply for a green card prove that they will not become a public charge. Otherwise, they will be inadmissible.
What Does the New Public Charge Rule Consists Of?
Years ago, applicants only had to submit an I-864, Affidavit of support from the Petitioner, proving that they were the spouse, parent, etc. of a US citizen. In addition to attaching their tax returns. However, this changed starting on February 24th, 2020. Green card applicants are now subject to the new public charge rule.
That represents an intense change, as the government now requires that they fill out a new form, Form I-944. Not only that, but applicants must also submit additional evidence and the potential need for a joint sponsor. All this represents a much heavier burden for them.
What is the Declaration of Self Sufficiency (Form I-944)?
Let us explain a little more about this new form that applicants must fill out, the I-944. This form must be submitted along with Form I-485, Application to Adjust Status. These are the points this document requires you to provide:
- Financial information. This includes family income, assets, debts, history of receiving public benefits, among others.
- S credit report along with your disclosing your credit score.
- Evidence of health insurance.
- Educational and occupational skills and histories.
Do I Need to Fill Out this Form?
Yes, you do. It is a requirement for all non-citizens that are applying for a green card. It is based on this form and other evidence that the government will determine if you are likely to become a public charge or not. It depends on whether the I-486, Application to Adjust Status is accepted or denied.
For this, the U.S. Citizenship and Immigration Services (USCIS) will evaluate the applicant’s age, health, family and financial status, and assets, among other factors.
Will the New Public Charge Rule Affect People Applying for Green Cards?
It can be said that the changes in this law will lead to an increase in the denials of green cards. It is not known for sure how severe USCIS will be in evaluating the factors and determining whether the applicant could become a public charge or not.
However, it is to be expected that this new policy will affect several families that have not yet been financially established. In addition to those applicants who are not able to work anymore.
Is there Any Way that I Can Be Closer to Obtaining My Green Card under the New Public Charge Rule?
The best thing you can do is provide as much evidence as possible. It is not enough just to have the evidence. You must submit it to certify that you will not become a public charge. This way you will have a better chance that your application will be approved.
Keep in mind that providing evidence of health insurance is key. In addition, to have joint sponsors that generate more than 125% of the federal poverty level for the size of your household. All of this will help you get closer to getting your green card.
Go Beyond What Is The New Public Charge Rule? – Receive Professional Help Now!
Do you need professional assistance and advice on the new public charge rule? Call us at (305) 921-0440 or send us an email to Romy@JFLawFirm.com and our staff of experienced and specialized attorneys will assist you.