Anyone 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. Failure to submit a required I-944 will result in a denial of your I-485 application.
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).