USCIS and the Department of State will implement revised “public charge” forms starting February 24, 2020. USCIS explains that the revised forms are “consistent with the final rule on the public charge ground of inadmissibility.” The updated forms will request information from the petitioner or foreign national regarding whether the foreign national has received public benefits. Below is a list of the forms affected by this change:
- 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 (PDF)
- 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
Adjustment of Status applicants who are subject to the public charge ground of inadmissibility will also be required to submit Form I-944, Declaration of Self Sufficiency.
Applicants and petitioners, *except in Illinois, should ensure the correct editions for the above forms are used for cases that will be filed with USCIS or Department of Status on or after February 24, 2020. Contact our office if you have concerns or any questions regarding this change.
*Because of ongoing litigation in Illinois, petitioners and applicants based in Illinois are not subject to the change in the forms . . . yet.