Public Charge Rule To Take Effect October 15, 2019, Creates Uncertainty for Applicants
Immigration officers can deny a Green Card or other visa if they determine that the applicant is “likely to become a public charge.” The new rule published August 14, 2019 will be effective October 15, 2019, unless lawsuits already filed stop its implementation.
One current issue is that USCIS has still not finalized the forms required for applications postmarked on or after October 15, 2019. One such Form is the Form I-944, Declaration of Self-Sufficiency, which has to be filed with most applications for family-based Adjustment of Status cases. The draft form is 19 pages and requires detailed information about the household income, assets, resources and financial status. The purpose of the form is to enable Immigration Officers to determine whether an applicant would be inadmissible under the public charge ground. USCIS estimated that an applicant would need 4 to 4.5 hours to complete the form. It is similar to mortgage and financial disclosure forms.