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New Form I-944, Declaration of Self-Sufficiency, required for adjustment of status applications

  1. Original Date Announced

    August 14, 2019

    On August 14, 2019, USCIS announced new Form I-944, Declaration of Self Sufficiency as part of the USCIS Final Rule on Inadmissibility on Public Charge Grounds. Under the USCIS Final Rule, applicants for adjustment of status who are subject to the public charge ground on inadmissibility must file Form I-944 with their Application to Register Permanent Residence or Adjust Status (Form I-485) to demonstrate that they are not likely to become a public charge under INA section 212(a)(4). [ID #965]

    Form I-944: Declaration of Self-Sufficiency Form I-944: Declaration of Self-Sufficiency Form I-944 instructions
  2. Effective Date

    October 15, 2019
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  4. Biden Administration Action: Revoked/Replaced

    March 9, 2021

    Before the U.S. Supreme Court: Joint Stipulation to Dismiss

    This Biden administration policy in effect revokes in its entirety the Trump-era policy identified in this entry.

    On March 9, 2021, DOJ filed, along with plaintiffs, a joint stipulation to dismiss the case before the U.S. Supreme Court, effectively ending the public charge rule, and in turn, the use of Form I-944.

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  5. Biden Administration Action: Revoked/Replaced

    March 10, 2021

    Form I-944 discontinued

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On March 10, 2021, OMB approved discontinuing the use of Form I-944.

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  6. Biden Administration Action: Revoked/Replaced

    March 10, 2021

    USCIS Website: Public Charge

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On March 10, 2021, USCIS posted on its website a return to the pre-Trump-administration public charge policy and instructed applicants for adjustment of status that they should not submit Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required by Form I-944 when they file their Form I-485.

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  7. Biden Administration Action: Revoked/Replaced

    April 12, 2021

    USCIS letter to interagency partners

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On April 12, 2021, Tracy L. Renaud, Senior Official Performing the Duties of the Director of USCIS sent a letter to interagency partners stating that the 2019 public charge rule is no longer in effect and asking for support in communicating this change to the public.

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  8. 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 broad public feedback on the public charge ground of inadmissibility to inform a future regulatory proposal.

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  9. 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 administration 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.

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  10. 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 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 explicitly 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.

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  11. 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 the Policy Manual's Volume 8 Part G into the guidance under Chapter 3 (Applicability). Therefore, this manual change helps clarify implementation of the public charge ground of inadmissibility final rule, published in the Federal Register on September 9, 2022.

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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
March 9, 2021
Acted on by Biden Administration
March 10, 2021
Acted on by Biden Administration
March 10, 2021
Acted on by Biden Administration
April 12, 2021
Acted on by Biden Administration
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

Original Trump Policy Status

Trump Administration Action: Forms and Information Collection
Subject Matter: Immigrant Visas
Agencies Affected: USCIS

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