I-944 Form Not Needed for Adjustment

On 19 March 2021, U.S. Citizenship and Immigration Services announced that it will no longer apply the August 2019 public charge final rule. U.S. Citizenship and Immigration Services applied the August 2019 public charge rule when reviewing status adjustment applications (I-485 Form). Foreign nationals file status adjustment applications (I-485 Form) when applying for permanent residency while physically in the United States. At this time, the I-944 Form is not needed for adjustment of status (I-485 Form).

U.S. Citizenship and Immigration Services conducts public charge reviews as required by the inadmissibility statute, INA § 212(a)(4). Inadmissibility means a legal reason for an immigration officer to deny an application. INA § 212(a)(4) provides the statutory criteria U.S. Citizenship and Immigration Services uses when reviewing a case for public charge concerns.

U.S. Citizenship and Immigration Services relies upon 8 C.F.R. § 212.21(a) when considering public charge. This regulation describes a public charge as a person “likely . . . to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.”

During I-485 cases, immigration officers analyze family and some employment-based cases for public charge concerns. In I-485 cases, USCIS officers use the I-864 or I-864EZ Forms to review a family’s finances. For example, USCIS reviews federal and state tax returns. USCIS also considers W-2 Forms, pay stubs, bank and brokerage firm statements.

Due to policy changes, the I-944 Form is not needed when filing an adjustment application (I-485 Form). Applicants must still file the I-864 or I-864EZ Form when submitting their adjustment application.