I-944 Form

USCIS will consider many significant medical conditions as a heavily weighted negative factor. This factor may be mitigated if you have private medical insurance and/or can demonstrate the availability of financial resources to pay for foreseeable medical costs related to such medical condition.

USCIS officers will use your medical examination (Form I-693) to evaluate your health. Generally, a Class A or Class B medical condition that is determined to interfere with your ability to provide and care for yourself, to attend school, or to work, or that is likely to require extensive medical treatment or institutionalization in the future, will be weighted as a very negative factor.

Class A conditions are medical conditions that render a person inadmissible and ineligible for a visa or adjustment of status. A Class A medical condition is a:

• Communicable disease of public health significance per HHS regulation;
• A failure to present documentation of having received vaccinations against vaccine-preventable diseases;
• Present or past physical or mental disorder with associated harmful behavior or harmful behavior that is likely to recur; and
• Drug abuse or addiction

Class B conditions are defined as physical or mental health conditions, diseases, or disability serious in degree or permanent in nature. This may be a medical condition that, although not rendering an applicant inadmissible, represents a departure from normal health or well-being that may be significant enough to:

• Interfere with the applicant’s ability to care for himself or herself, to attend school, or to work; or
• Require extensive medical treatment or institutionalization in the future.

If you have a medical condition listed above or one that significantly interferes with your daily activities, speak to an immigration attorney before continuing. An attorney can more carefully analyze your specific situation.

Source: USCIS

Having private health insurance is a heavily weighted positive factor in favor of a finding that you are not likely to become a public charge.

USCIS considers having private health insurance a heavily weighted positive factor if:

• The private health insurance is appropriate for the expected period of admission; and
• You are not receiving subsidies in the form of premium tax credits under the Affordable Care Act (ACA), as amended, for this private health insurance.

On the other hand, the lack of private health insurance may be viewed as a negative factor, particularly if you have a significant medical condition that limits your ability to be self-sufficient. The combination of no private health insurance and a significant medical condition will be weighted as a very negative factor.

If you do not currently have a health insurance policy, consider obtaining a policy before you continue with this form.

Source: USCIS

USCIS will review your U.S. credit report and the credit score submitted with your declaration, if available, to review your financial status. Many new immigrants do not have any U.S. credit history or credit score. This is normal and won't disqualify you a green card.

Credit Report
Before you answer these questions, we recommend that you obtain a free credit report. You are entitled to a free credit report once a year under the Fair Credit Reporting Act from each one of the three credit reporting agencies. You are only required to provide one credit report from any of the three nationwide credit reporting agencies, Equifax, Experian, and TransUnion.

If you have a credit report, print it. You will need to submit it with your form. If you do not have a credit report, provide documentation that demonstrates that you do not have a credit report or score with a credit bureau.

Negative Credit History
If you have any negative credit history, you will need to provide an explanation. Negative credit history is weighted as a negative factor in the totality of the circumstances and may include any of the following:

• Delinquent accounts
• Foreclosures
• Debt collections
• Charge-offs (delinquent accounts deemed unlikely to be collected)
• Repossession
• Foreclosure
• Judgments
• Tax liens
• Bankruptcies

If there are any errors in the credit report, you should provide evidence from the credit reporting agency that demonstrates that you reported the error and that the error is under investigation or has been resolved.

Credit Score
There are various types of credit scores, but FICO scores are most common. Scores range from 0 to 850. Generally, a FICO score of 670 or higher is a positive factor. Below 670 may indicate some negative credit history. But it could also be associated with an individual with a newer credit history. A low credit score may count against you, but isn't necessarily a disqualifying factor by itself.

Source: USCIS

Use of public benefits and even applying for public benefits can be heavily weighted as a negative factor. The good news is that immigrants are rarely eligible for these benefits anyway. Therefore, most applicants will not have ever applied for these public benefits.

Generally, other family members' use of public benefits should not affect the intending immigrant. However, further analysis from an attorney may be necessary.

USCIS views the past receipt of (or certification or approval to receive) public benefits in the 36 months immediately before your application for admission or adjustment of status as an indicator that you will continue to receive (or again receive) public benefits and therefore, may be likely to become a public charge.

If the evidence indicates that you have received, or have been certified or approved to receive, one or more public benefit(s), for more than 12 months in the aggregate within the 36-month period immediately before the application is filed, starting on or after February 24, 2020, this weighs heavily in favor of a finding that the alien is more likely than not to become a public charge at any time in the future.

As part of the public charge inadmissibility determination, USCIS considers both cash and noncash benefits including:

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF), commonly known as “welfare” which may be provided under another state name
• Federal, state and local cash assistance, sometimes called “General Assistance”
• Medicaid or other programs supporting long-term institutionalized care, such as in a nursing home or mental health institution
• Supplemental Nutrition Assistance Program (SNAP), commonly known as “Food Stamps”
• Section 8 housing and rental assistance
• Federal housing subsidies
• Non-emergency Medicaid benefits (with exceptions for children under 21, people with disabilities, pregnant women, and mothers within 60 days after giving birth)

On the other hand, the lack of private health insurance may be viewed as a negative factor, particularly if you have a significant medical condition that limits your ability to be self-sufficient. The combination of no private health insurance and a significant medical condition will be weighted as a very negative factor.

If you think that you have ever applied for or received a public benefit listed above, speak to an immigration attorney before continuing. An attorney can more carefully analyze your specific situation.

Source: USCIS

Many factors such as education, skills, language and employment history go into determining an applicant's ability to be self-sufficient through future employment.

Being unable to demonstrate employment history or reasonable prospects of employment is a heavily weighted negative factor. For example, if you are not a full-time student and are authorized to work, but are unable to demonstrate current employment, recent employment history, or a reasonable prospect of future employment, USCIS considers this a heavily weighted negative factor. On the other hand, being employed with an income above 250 percent of the Federal Poverty Guidelines (FPG) is considered a heavily weighted positive factor.

Source: USCIS

A primary caregiver is an intending immigrant who is 18 years of age or older who has significant responsibility for actively caring for and managing the well-being of a child or an elderly, ill, or disabled person in the same household.

USCIS recognizes that certain intending immigrants may serve as primary caregivers within their households, which results in such persons not being employed outside of the home, and lacking current or recent employment history due to their unpaid role in their household. USCIS considers household contributions through primary caretaking responsibilities as a positive factor. Correspondingly, being a primary caretaker is considered in the totality of the circumstances adjudication and may outweigh a negative factor related to the intending immigrant’s education and skills because of lack of employment or lack of employment history.

In determining whether to consider that the applicant is a caretaker as a positive factor, USCIS considers:

• Whether the person receiving the applicant's care is a member of the applicant's household;
• Whether other members of the household also claim to be the primary caregiver. A person requiring care may only have one primary caregiver within a household. If multiple caregivers share the care of a person in a given household, the applicant must establish that he or she has significant caregiving responsibility so as to impact the applicant's ability to be employed full-time;
• Whether the person being cared for lives in the same residence as the applicant;
• The age of the person being cared for; and
• The medical condition, including any disabilities, of the person being cared for.

Source: USCIS

A person may have more opportunities for employment at higher salaries with higher education. Having a high school diploma or higher education such as a bachelor’s, master’s, or doctoral degree is a positive factor in the totality of the circumstances. List all degrees, even if it is still in progress.

An intending immigrant who is currently attending a college or university to obtain a degree is also a positive factor. Generally, you may, upon completion of education, obtain employment with a higher salary. An officer may review whether you are in good standing at the college or university and attending a full course of study. For example, the fact that you enroll in one course for the purpose of an immigration benefit would not be considered a positive factor in the totality of the circumstances.

Generally, not having a high school diploma is a negative factor. For the purposes of reviewing this factor, the fact that a person is under the age of 18 and has not completed a high school education does not result in a negative factor. Being enrolled in school is a positive factor.

Source: USCIS

USCIS officers will consider an applicant’s education, skills and English proficiency when determining whether you are likely to become a public charge at any time in the future. Education and skills are relevant to the public charge inadmissibility determinations because they affect your ability to obtain and maintain stable employment.

Education
Generally, any degree or active full-time education is a positive factor. Enrollment with only one or two courses generally would not be enough to qualify as a positive factor.

Skills
Occupational skills relevant to employment are also considered positive factors. Skills accompanied with a certification or license carry more weight. However, list a skill if you believe that you can demonstrate it is an earned skill that makes you more valuable in a job.

English Proficiency
Your English proficiency is a positive factor. In fact, you only need to demonstrate basic English skills for a positive consideration. Limited to no English language proficiency can be a negative factor in the totality of the circumstances.

Source: USCIS

Your ability to speak, read or write English makes it easier to prove future employability. USCIS views English proficiency as a favorable factor in your ability to be self-sufficient. Therefore, if you have taken classes or are already a native English speaker, it is important to indicate so here.

An applicant's lack of literacy and English proficiency can be a negative factor. If you have no English literacy skills, you should consider taking a class. You can find English as a Second Language (ESL) courses on the ESL Directory.

Source: USCIS