The American “Land of Opportunity” myth attracts thousands of people every day, willing to work hard to build their future. It should come as no surprise, then, that obtaining permanent residency in the United States requires more than simply submitting a form and waiting for a response. Each application must demonstrate that the immigrant meets the established requirements, including not being inadmissible on the grounds of public charge.
Starting this month, scrutiny will be even greater in this regard. A new rule from the Department of Homeland Security (DHS) goes into effect, expanding USCIS’s ability to assess whether an applicant for admission or adjustment of status is likely to become a public charge.
At the same time, the government immigration agency once again has greater discretion to deny certain applications that lack the necessary initial evidence without first issuing a Request for Evidence (RFE). Relying on USCIS to always grant a second chance to complete an application can now be a costly mistake.
What Does “Public Charge” Mean?
U.S. immigration law outlines certain circumstances under which a person may be deemed inadmissible if it is determined that they are likely to become a public charge at some point.
The term refers to individuals suspected of or likely to use government services, programs, assistance, and privileges reserved for native-born or naturalized citizens. This includes income support cash assistance, public health care, housing assistance, SNAP, and certain educational financial aid programs, among others.
In 2022, the previous administration issued a law dismissing the likelihood of public charge as an immediate cause for inadmissibility of immigration petitions.
The new law reverses this decision, stipulating that, in making this assessment, USCIS officers will consider each case individually and analyze the applicant’s circumstances in their entirety.
Among the factors that USCIS must consider are:
- The applicant’s age.
- Their health status.
- Their family situation.
Their assets, resources, and financial situation. - Their education and skills.
The agency may also consider other relevant factors to determine if the person is likely to become a public charge.
Sponsors and Affidavits
The USCIS changes will certainly complicate all immigration petitions filed from this month onward. However, this should not affect cases prepared by experienced attorneys, given that the repealed law had little time to be implemented.
Before and even during the 2022 law’s validity, many family-based immigration processes and categories required the petitioner to submit Form I-864, Affidavit of Support, signed by a sponsor.
This document is especially important because it commits a person to certain financial obligations of the immigrant petitioner to the U.S. government. In cases such as family-based petitions, this individual may be different from the petitioner or the applicant.
The sponsor must demonstrate sufficient income and/or assets to support the sponsored immigrant and the rest of their household at the level required by applicable regulations. Generally, this requirement is calculated using 125% of the Federal Poverty Guidelines, with special rules for certain members of the Armed Forces.
This means that an I-864 should not be viewed as just another form in an immigration package.
An incorrect signature, incomplete financial information, or insufficient supporting evidence on an I-864 form can jeopardize an application that might otherwise be viable.
Just Having a Sponsor Is Not Enough Anymore
Having a relative willing to sponsor you does not automatically mean that the financial requirement for your application is met.
Here, evidence is key. The application must demonstrate financial solvency through information about income, tax returns, assets, and any other relevant financial documents.
Form I-864 itself allows for the use of certain assets to supplement income and requires information about bank accounts, real estate, stocks, bonds, and other resources, as applicable.
Therefore, simply submitting a signed form without properly verifying the financial information it contains may be insufficient.
Public Charge Bond
New USCIS rulings also provide an alternative. If an officer determines that if a person is deemed inadmissible solely on the grounds of public charge, USCIS may invite them to post a public charge bond or financial guarantee.
However, this does not mean that any applicant can simply pay a bond to resolve the issue.
USCIS states that only those who receive a specific invitation may file Form I-945 to request such a bond. The amount will be determined considering, among other factors, the government assistance the immigrant may be eligible to receive over the next five years.
Therefore, it is also unwise to develop an immigration strategy assuming that this will be an available option in all cases.
Denial Without Requests for Evidence
Aside from the solvency or sponsorship requirement, the most significant change is that USCIS is no longer obligated to request further evidence in a case.
The new law restores USCIS’s discretion to deny certain applications when required initial evidence is missing or the evidence submitted does not demonstrate eligibility, without having to send a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) beforehand in all cases.
The solution is clear. You should never submit an incomplete application because USCIS will likely not give you the opportunity to correct it later.
The agency explains that the applicant is responsible for demonstrating their eligibility at the time of application. If required initial evidence is missing, the officer may, in certain circumstances, deny the case outright.
Errors or Omissions that Cost Time and Money
The initial responsibility for demonstrating eligibility rests with the applicant.
Imagine a residency process with months or even years of preparation. Certificates gathered, apostilles requested, certified translations obtained, evidence collected, forms completed, and fees paid.
The application is submitted to USCIS, but one detail was overlooked. Perhaps a forgotten photograph, a misplaced financial document, or a form entry lacking supporting evidence.
That small oversight is now enough for USCIS to deny the case. All the investment of time, fees, translations, legalizations, and more, lost in an instant.
That’s why it’s so important to prepare a complete and accurate immigration petition from the start with expert legal assistance.
Take Your Immigration Petitions Seriously
U.S. immigration laws and policies can change.
What remains constant is the importance of presenting a complete, coherent case supported by evidence.
Aguado Immigration Firm prepares your complete petition from the beginning. Their team analyzes each immigration case, taking into account the applicant’s specific circumstances and applicable legal requirements.
When it comes to family-based or employment-based residency, this means much more than filling out forms. It involves analyzing the immigration strategy, identifying potential inadmissibility issues, reviewing financial documentation when necessary, and preparing the evidence required to present a strong and complete case.
In a scenario where USCIS may have greater discretion to deny applications with insufficient initial evidence, and where public charge determinations will again consider a broader range of circumstances, having legal representation from the outset can help you avoid mistakes that could cost you time, money, and immigration opportunities.
If you are preparing an application for permanent residence or have questions about how the new public charge policy may affect your case, Aguado Immigration Firm can help you assess your situation and develop an appropriate legal strategy for your process.
Your immigration future deserves more than a half-baked application. It deserves a strategy.
