In Early 2020, the Trump administration introduced Form I-944, titled Declaration of Self Sufficiency. Most green card applicants must file this form in addition to the green card application. The purpose of the form is to help USCIS decide whether or not the green card applicant is inadmissible based on their public charge status. If USCIS determines that the green card applicant is a public charge, a bond will be set. USCIS will inform the green card applicant that he or she has been deemed a public charge. Once that determination is made, the applicant must file form I-945.
It is important to complete Form I-944 to show that you and your household members are more likely than not at any time in the future to receive one or more public benefits, for more than 12 months in the aggregate within any 36-month period.
Your household’s annual gross income should be at least 125 percent (100 percent if you are on active duty, other than in training, in the U.S. Armed Forces) of the Federal Poverty Guidelines for the most recent year as set by the U.S. Department of Health and Human Services (HHS) for the household size.
Exclusions
Certain applicants are excluded from form I-99, they are:
- A VAWA self-petitioner
- A Special Immigrant Juvenile
- A Certain Afghan or Iraqi national
- An Asylee
- A Refugee
- A victim of qualifying criminal activity (U Nonimmigrant) under INA section 245(m)
- An applicant for U visa who is seeking adjustment of status based only on the U visa application
- As a victim of human trafficking (T nonimmigrant) under section 245(l) of the INA; 9. Under any category other than INA section 245(l), but you either have a pending application for T nonimmigrant status (Form I-914) that sets forth a prima facie case for eligibility, or are in valid T nonimmigrant status at the time you file your application for adjustment of status. (This exemption only applies if your Form I-914 is still pending and deemed to be prima facie eligible, or you are in valid T nonimmigrant status when we adjudicate your adjustment of status application)
- Under the Cuban Adjustment Act
- Under the Cuban Adjustment Act for Battered Spouses and Children
- Based on dependent status under the Haitian Refugee Immigrant Fairness Act
- Based on dependent status under the Haitian Refugee Immigrant Fairness Act for battered spouses and children
- As a Lautenberg Parolee
- Under the Indochinese Parole Adjustment Act of 2000; 16. Based on continuous residence in the United States since before January 1, 1972 (“Registry”)
- Under the Amerasian Homecoming Act
- As a Polish or Hungarian Parolee
- As Nicaraguans and other Central Americans under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA)
- As an American Indian Born in Canada (INA section 289) or the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma, Pub. L. 97-429 (Jan. 8, 1983)
- As a spouse, child, or parent of a deceased soldier under the National Defense Authorization Act (NDAA)
Law Office of Elizabeth Anu Lawrence Can Help You with Completing Form I944
If you are uncertain on how this new form can be completed and how it may adversely affect your green card application, please contact the Law Office of Elizabeth Anu Lawrence, LLC on telephone number 443.352.3201. Skype and telephone consultation are both available to clients.