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  4. Who needs to file Form I-944, Declaration of Self-Sufficiency?

Who needs to file Form I-944, Declaration of Self-Sufficiency?

signing and explaining form i-944Anyone who applies for a green card from within the United States who is also subject to the public charge rule must also file Form I-944. Very few categories of immigrants are not required to file Form I-944. In other words, you likely need to submit Form I-944, Declaration of Self-Sufficiency, if you are filing an adjustment of status application. Almost all family-based and employment-based applications require Form I-944. This even includes children. Failure to submit a required I-944 will result in a denial of your I-485 application.

IMPORTANT UPDATE: The Department of Homeland Security has changed this requirement. On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. Specifically, this means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485.

Not Required to File Form I-944

There are certain individuals who are exempt from the public charge ground of inadmissibility and are therefore exempt from filing Form I-944. You are exempt from filing Form I-944, Declaration of Self-Sufficiency, if you are adjusting status:

  • As a VAWA self-petitioner;
  • As a Special Immigrant Juvenile;
  • As a Certain Afghan or Iraqi national;
  • As an Asylee;
  • As a Refugee;
  • As a victim of qualifying criminal activity (U Nonimmigrant) under INA section 245(m);
  • Under any category other than INA section 245(m) but you are in valid U nonimmigrant status at the time you file your application for adjustment of status. (This exemption only applies if, at the time of the adjudication of the Form I-485, you are still in valid U nonimmigrant status. If, at the time of adjudication of the Form I-485, you are no longer in valid U nonimmigrant status, you may be required to submit a Form I-944 and a Form I-864).
  • As a victim of human trafficking (T nonimmigrant) under section 245(l) of the INA;
  • Under any category other than INA section 245(l), but you either have a pending application for T nonimmigrant status (Form I-914) that sets forth a prima facie case for eligibility, or are in valid T nonimmigrant status at the time you file your application for adjustment of status. (This exemption only applies if your Form I-914 is still pending and deemed to be prima facie eligible, or you are in valid T nonimmigrant status when we adjudicate your adjustment of status application);
  • Under the Cuban Adjustment Act;
  • Under the Cuban Adjustment Act for battered spouses and children;
  • Based on dependent status under the Haitian Refugee Immigrant Fairness Act;
  • Based on dependent status under the Haitian Refugee Immigrant Fairness Act for battered spouses and children;
  • As a Lautenberg Parolee;
  • Under the Indochinese Parole Adjustment Act of 2000;
  • Based on continuous residence in the United States since before January 1, 1972 (“Registry”);
  • Under the Amerasian Homecoming Act;
  • As a Polish or Hungarian Parolee;
  • As Nicaraguans and other Central Americans under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA);
  • As an American Indian Born in Canada (INA section 289) or the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma, Pub. L. 97-429 (Jan. 8, 1983); or
  • As a spouse, child, or parent of a deceased soldier under the National Defense Authorization Act (NDAA).
Source: USCIS