"New" Form I-485 and Questions related to Public Charge
If you do have a storage unit full of cash, you will have to value it and let USCIS know....
This short post provides information about “new” Form I-485 (required for filings on or after December 23, 2022).
The form was updated to reflect new guidance on the concept of Public Charge. Essentially the concept of Public Charge is the concept in U.S. immigration law that any person getting a green card should be able to support himself/herself, or should have a financial sponsor able to support him or her.
There are many potential details about the concept of Public Charge, and this post is not meant to be comprehensive in any way. For most EB (Employment-Based) immigrants, there is no issue of Public Charge but the new Form I-485 does request disclosure of information that was not previously requested.
If you want to read more about the formal Public Charge guidance, you can find official USCIS guidance here.
The new questions on Form I-485 related to Public Charge start on Page 13 of the form. They are within Part 8, Questions 61-68d:
You can review new Form I-485 in its entirety here.
I anticipate that many EB immigrants will get bogged down on valuing their assets and liabilities and documenting their education and qualifications. I certainly don’t think you need metaphysical precision on these questions.
If you are hoping to file your I-485 application soon, or if you work with EB immigrants in the preparing and filing of I-485 applications, you should map out your plan in terms of how you are answering these questions and what evidence you are going to use to supplement your answers.
Welcome to 2023 - Annus Horribilis for U.S. Immigration Law!