The public charge rule has long been a significant factor in U.S. immigration policy. Under the first Trump administration, the Department of Homeland Security (DHS) introduced Form I-944, Declaration of Self-Sufficiency, as a requirement for adjustment of status applicants. The form aimed to assess whether applicants were likely to become a public charge, making it more difficult for many immigrants to qualify for a green card. Then, the Biden administration removed the rule in 2021. Now, with the return of a new Trump administration, there is growing concern that there may be a Form I-944 reinstatement.
What Was Form I-944?
Form I-944 was a declaration of financial self-sufficiency used to determine whether a green card applicant was likely to rely on public benefits. It required applicants to provide extensive financial information, including:
- Income and asset details
- Credit scores and history
- Health insurance coverage
- Education and skills assessment
USCIS officials used this information to assess whether an applicant could support themselves without relying on government assistance. If Form I-944 is reinstated, the process could once again create barriers for many individuals seeking permanent residence in the U.S.
Will There be a Reinstatement of Form I-944?
Given that the Trump administration is already introducing stricter immigration policies, many legal experts believe that Form I-944 could return. If that happens, applicants may have to provide detailed financial evidence proving their self-sufficiency, just as they did before 2021.
The previous version of the public charge rule required USCIS to weigh an applicant’s financial situation against specific factors, such as age, health, family size, and employment status. If a new administration reinstates these rules, adjustment of status applicants will likely face increased scrutiny.
How Would This Affect Green Card Applicants?
If there is a Form I-944 reinstatement, it would likely be aligned with policy implemented in 2019 and applicants may face new obstacles. For example, challenges could include:
- Longer Processing Times: USCIS will require more documentation and evaluation, leading to delays.
- Increased Denials: More applicants may be deemed ineligible if they cannot meet self-sufficiency criteria.
- Higher Costs: Applicants may need to hire financial consultants or attorneys to navigate the process.
For a look back at the differences between the first Trump administration's policy compared to current policy, see our public charge comparison.
What Can You Do Now?
If you are eligible for a green card, it may be wise to apply before any new public charge rules take effect. Here are some steps to take now:
- File Your Application Soon: Avoid potential complications by submitting your green card application before changes occur. At the time of writing this post, there is no I-944 requirement.
- Ensure Financial Stability: Even if Form I-944 is reinstated, having stable employment, assets, and health insurance can strengthen your case.
- Stay Informed: Immigration policies change frequently. Subscribe to trusted sources like CitizenPath to stay updated on policy changes.
Do you need help preparing an adjustment of status application (Form I-485)? CitizenPath provides an affordable service, created by attorneys, to help make sure you do everything correctly. Learn more about the Adjustment of Status Package >
While a Form I-944 reinstatement is not certain, the possibility should prompt green card applicants to act sooner rather than later. If you are considering applying for adjustment of status, now may be the best time to do so before stricter public charge requirements return. Therefore, stay prepared and take action now to secure your future in the United States.
About CitizenPath
If Form I-944, Declaration of Self-Sufficiency, returns, CitizenPath will have a solution. Sign up for CitizenPath's free newsletter below to get tips and information about your family's immigration journey.
CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Adjustment of Status Package (Form I-485), Affidavit of Support Package (Form I-864), and several other immigration services.
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