On Feb. 24, 2020, DHS began implementing the Inadmissibility on Public Charge Grounds final rule nationwide, including in Illinois. USCIS will apply the final rule to all applications and petitions postmarked (or, if applicable, submitted electronically) on or after that date. For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), the postmark date is the date reflected on the courier receipt. USCIS will reject any affected application or petition that does not adhere to the Final Rule, including those submitted by or on behalf of aliens living in Illinois, if postmarked on or after Feb. 24, 2020.
Starting with applications for adjustment of status postmarked on or after Feb. 24, 2020, if you are subject to the public charge ground of inadmissibility (INA section 212(a)(4)), you must submit this form with your Form I-485, Application to Register Permanent Residence or Adjust Status, to demonstrate that you are not inadmissible based on the public charge ground. Please see the instructions for Form I-944 to see if you are subject to the public charge ground of inadmissibility.
The Final Rule requires applicants for adjustment of status who are subject to the public charge ground of inadmissibility and certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the Final Rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 2020, rather than Oct. 15, 2019. Please read all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020.
USCIS will not consider, and applicants for adjustment of status who are subject to the public charge ground of inadmissibility do not need to report, the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public benefits (such as SNAP, most forms of Medicaid, and public housing) before Feb. 24, 2020. Similarly, USCIS will not consider as a heavily weighted negative factor receipt of previously included public benefits (such as SSI and TANF) before Feb. 24, 2020, in a public charge inadmissibility determination.
Certain classes of aliens (such as refugees, asylees, petitioners under the federal Violence Against Women Act, and certain T and U visa applicants) are exempt from the public charge ground of inadmissibility and therefore are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of aliens who are exempt from the final rule, please see the USCIS Policy Manual.
Do NOT submit this form before Feb. 24, 2020.