News

23 Dec 2022

United States

New Version of Form I-485 Effective Today

Starting today, December 23, 2022, any Adjustment of Status applications filed with the USCIS must use the new version of Form I-485, Application to Register Permanent Residence or Adjust Status (12/23/22 edition). The new version of Form I-485 is available here. Specifically:

  • USCIS will reject the 07/15/22 edition of Form I-485 if it is postmarked on or after Dec. 23, 2022.
  • USCIS will reject the 12/23/22 edition of Form I-485 if it is postmarked on or before December 22, 2022.

Importantly, the Form I-485 now contains a Public Charge section and a number of questions related to whether an applicant may become a Public Charge under the standards defined in the September 28, 2022, Public Charge rule, which also became effective today.  Under this new rule, an Adjustment of Status applicant is considered a Public Charge if he or she is “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.”  Becoming a Public Charge is a ground of inadmissibility and an Adjustment of Status applicant who is determined to be a Public Charge by the USCIS will have his or her application denied. The new Form I-485 also requests applicants to provide certain information previously included in the now discontinued Form I-944, Declaration of Self-Sufficiency, previously released by the USCIS during the Trump administration.

It should be noted that a person who has become temporarily unemployed and is receiving the benefits of an unemployment insurance policy will not be considered a Public Charge under this standard.

It is likely, as T&S reported in a previous Alert, that further modifications will be made to Form I-485 in 2023.  We will monitor this situation closely and will provide analyses of these modifications as they occur.

 

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The content above is provided for informational purposes only. It should not be construed as legal advice on any subject matter. Use of this information does not create an attorney-client relationship. 

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