Beginning December 23, 2022, one must use the 12/23/22 edition of Form I-485, or USCIS will reject the filing. Also, if one files Form I-485 before December 23, 2022, one must use the 07/15/22 edition of Form I-485, or USCIS will reject the filing.

On September 09, 2022, DHS published the Public Charge Ground of Inadmissibility final rule to provide clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The new final rule will go into effect on December 23, 2022, and requires the collection of information in the new 12/23/2022 edition of Form I-485. Preview versions of the new Form I-485 and form instructions were published on uscis.gov on November 23, 2022. USCIS has already published the final 12/23/22 edition of Form I-485 for applicants to prepare their applications in advance of December 23, 2022.

Following additional questions the Applicant will have to answer in the new edition of Form I-485 relating to the public charge ground:

•           Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)?

•           What is the size of your household?

•           Indicate your annual household income.

•           Identify the total value of your household assets.

•           Identify the total value of your household liabilities (including both secured and unsecured liabilities).

•           What is the highest degree or level of school you have completed?

•           List your certifications, licenses, skills obtained through work experience, and educational certificates.

•           Have you ever 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, but which also exist under other names)?

•           Have you ever received long-term institutionalization at government expense?

In addition to the above questions, a few more are added in the new edition of Form I-485. Accordingly, beginning December 23, 2022, one must use the 12/23/22 edition of Form I-485, or USCIS will reject the filing. Also, if one files Form I-485 before December 23, 2022, one must use the 07/15/22 edition of Form I-485, or USCIS will reject the filing.

We regularly update our blog section to acquaint the community with to latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.