Check latest form versions before filing at USCIS

As is my usual practice, in preparing for a client's petition or application, I always check to see whether the form I am using is the updated version. USCIS always changes the forms and with so many of them, it is hard to keep track of which has been revised and more importantly, what new information the newest version seeks to obtain from the applicant or petitioner.

Usually, when forms are changed, it reflects current policies, laws or court decisions and these are incorporated in the questions. And of course, there are also changes in formatting and presentation which all add up to the increased number of pages of the form. Take for example, the latest version of the I-485, Application to Register Permanent Residence or Adjust Status. This is the form that is filed if one applies for a greencard. I agree that this form needs to be revised. Past versions, for me, were confusing, cumbersome and open to multiple ways of interpreting and answering a question.

One case in point is the question about the applicant becoming a public charge. The term public charge under immigration law simply refers to a person who has a high likelihood of depending upon the US government for support. as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. If a greencard applicant is found to be a public charge, USCIS can deny his application. It is for this reason that the petitioner has to act as a sponsor and sign an Affidavit of Support which is embodied in Form I-864. Before, when the Applicant has submitted this form and if on its face, the sponsor's income satisfies the income requirement, one can get away with answering "yes" on the question of whether the applicant will become a public charge. That was never an issue in the past.

That has changed since December 23, 2022 when the Department of Homeland Security issued a public charge rule. It says that every immigrant, subject to some exceptions, is considered a public charge and thus the applicant has the burden of proof to overcome that presumption. This was reflected in the new I-485 Form where it now dedicates one part and 10 questions, specifically, part 9, items 56 to 66. In it, the applicant is screened whether he falls under the exemptions, size of the household, annual household income, total value of assets and liabilities, educational attainment, licenses, skills and certifications possessed by the applicant and whether or not the applicant received cash assistance or long term institutionalization expenses from the government. These questions were not asked in much older versions of the I-485 form. Thus, this current version is now more specific and tailored to the information the USCIS is looking for.

We can have a full column in the future discussing about the public charge rule but for now, it is suffice to note that before you submit your application or petition, make sure you have the latest version as the forms are changed from time to time. Remember USCIS could return your form if it is not using the latest version which could have drastic consequences on your application/petition.