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USCIS publishes revised forms consistent with final rule on public charge ground of inadmissibility

  1. Original Date Announced

    August 14, 2019

    On August 14, 2019, USCIS published several revised forms consistent with the final rule on the public charge ground of inadmissibility, several of which contain public charge-related language and/or questions requiring the petitioner or applicant/beneficiary to report whether the applicant/beneficiary has received public benefits. In particular, the following forms have been revised:

    • Form I-129, Petition for a Nonimmigrant Worker
    • Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker
    • Form I-485, Application to Register Permanent Residence or Adjust Status
    • Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
    • Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
    • Form I-539, Application to Extend/Change Nonimmigrant Status
    • Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status
    • Form I-601, Application for Waiver of Grounds of Inadmissibility
    • Form I-864, Affidavit of Support Under Section 213A of the INA
    • Form I-864A, Contract Between Sponsor and Household Member
    • Form I-864EZ, Affidavit of Support Under Section 213A of the INA
    • Form I-912, Request for Fee Waiver

    In addition, USCIS has created new forms, Form I-944, Declaration of Self-Sufficiency, Form I-945, Public Charge Bond, and Form I-356, Request for Cancellation of Public Charge Bond.

    [ID #1086]

    Form I-485 (10/15/19 edition) Form I-864 (10/15/19 edition) Form I-864A (10/15/19 edition) Form I-864EZ (10/15/19 edition) Form I-539 (10/15/19 edition) Form I-129 (10/15/19 edition) Form I-539A (10/15/19 edition) Form I-129CW (10/15/19 edition) Form I-485 Supp A (10/15/19 edition) Form I-601 (10/15/19 edition) Form I-912 (10/15/19 edition) Form I-485 Supp J (10/15/19 edition)
  2. Effective Date

    October 15, 2019
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  4. Biden Administration Action: Under Study

    August 23, 2021

    2021.08.23 Public Charge Ground of Inadmissibility

    This Biden administration policy considers questions related to the Trump-era policy identified in this entry.

    On August 23, 2021, USCIS issued an advance notice of proposed rulemaking and notice of virtual public listening sessions to seek public feedback on the public charge ground of inadmissibility to inform a future regulatory proposal.

    View Document
  5. Biden Administration Action: Proposed Revocation/Replacement/Modification

    February 24, 2022

    2022.02.24 NPRM DHS Public Charge Inadmissibility Ground

    On February 24, 2022, the Biden administration issued a Notice of Proposed Rulemaking on the public charge ground of inadmissibility. The proposed rule would reinstate the agency interpretation (issued in guidance) that governed public charge analysis before the Trump-era rule identified in this entry. Under this proposed rule, a noncitizen would be considered likely to become a public charge if they are likely to become primarily dependent on the government for subsistence, as demonstrated by public cash assistance for income maintenance or long-term institutionalization at government expense. The rule was published in the Federal Register on February 24, 2022.

    View Document
  6. Biden Administration Action: Revoked/Replaced

    September 8, 2022

    2022.09.08 Final Public Charge Rule

    On September 8, 2022, the Biden administration issued a final rule on the public charge ground of inadmissibility, which formalizes guidance that governed the public charge analysis prior to the Trump administration rule identified in this entry. Under the Biden administration's rule, a noncitizen is considered likely to become a public charge if they receive public cash assistance for the maintenance of their income or experience long-term institutionalization at the government's expense. The final rule notes that DHS will not consider use of non-cash benefits such as Medicaid, SNAP, and COVID-19 stimulus payments when determining whether a noncitizen is likely to become a public charge.

    The rule was published in the Federal Register on September 9, 2022, with an effective date of December 23, 2022.

    View Document
  7. Biden Administration Action: Other

    July 20, 2023

    USCIS - Incorporating Guidance on Applicability of the Public Charge Ground of Inadmissibility

    On July 20, 2023, USCIS updated the USCIS Policy Manual to help applicants for adjustment of status more easily identify whether the public charge ground of inadmissibility applies to a specific adjustment of status category. This update does not change the Biden Administration's USCIS policy. Rather it simply incorporates information from the related appendices in Policy Manual Volume 8 Part G into the guidance under Chapter 3 (Applicability). This manual change helps clarify implementation of the public charge ground of inadmissibility final rule, published in the Federal Register on September 9, 2022.

    View Document

Current Status

Not in effect

Most Recent Action

July 20, 2023 Action: Other USCIS - Incorporating Guidance on Applicability of the Public Charge Ground of Inadmissibility
August 23, 2021
Acted on by Biden Administration
February 24, 2022
Acted on by Biden Administration
September 8, 2022
Acted on by Biden Administration
July 20, 2023
Acted on by Biden Administration

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