Beginning February 24th, the Department of Homeland Security will begin to implement the new Public Charge Rule for inadmissibility. This same date, USCIS is also requiring that the newest version of certain forms be filed. If the latest edition is not filed, the case will be rejected.
The new Public Charge rule will impact adjustment of status applicants the most. Most adjustment applicants will now be required to file Form I-944 “Declaration of Self Sufficiency.” Form I-944 concentrates on the Applicant and his or her financial status, education, work history, debts, assets etc. In effect, form I-864 alone is no longer enough to overcome public charge inadmissibility for adjustment of status cases. Adjustment of status applicants must therefore be extra mindful when applying for adjustment of status as their is an entirely new criteria for these cases to be denied. In turn, attorneys need to exercise due diligence in the screening to of potential clients as well as current clients for adjustment of status to ensure they qualify under the new multi-factor test.
If you have any questions regarding the new rule please do not hesitate to contact our Office.