HOW TO COMPLETE THE NEW I-944

U.S. Citizenship and Immigration Services (USCIS) added Form I-944, Declaration of Self Sufficiency in 2020. This adds to the list of requisite forms for most green card applicants. Applicants must prepare Form I-944 to demonstrate financial self-sufficiency and remove the public charge ground for inadmissibility, which. In other words, it is a required form for most people who file Form I-485 to adjust status to permanent resident and it can be challenging to complete without the help of a professional immigration lawyer.

This article provides an overview for filling out Form I-944. For in-depth, step-by-step guidance to complete the form, use an attorney at Midwest Law Works to prepare Form I-944. Should you have any additional questions, we suggest you contact an immigration attorney at Midwest Law Works to schedule a consultation to determine how we can assist you.

We are a Rockford-based immigration and nationality law group achieving positive results worldwide for our clientele. Our priorities are delivering outstanding legal representation and client services.

 

Part 1: Information About You

Use this section to provide your basic information. When filling out Form I-944, make sure that the information is consistent with other parts of your application package. Be sure the spelling and information matches your form I-485 application for adjustment of status.

 

Part 2: Family Status (Your Household)

You must list the members of your household. For the purposes of filling out Form I-944, your household generally does not include housemates such as roommates. More clearly stated, household members are family members living with you, but it can include others, for example:

• Your spouse, if physically residing with you in the same residence;
• Your children, unmarried and under the age of 21, physically residing with you in the same residence;
• Your other children, unmarried and under the age of 21, not physically residing with you for whom you provide or are required to provide at least 50 percent of the children’s financial support, as evidenced by a child support order or agreement, a custody order or agreement, or any other order or agreement specifying the amount of financial support to be provided by you;
• Any other person(s) (including a spouse not physically residing with you) to whom you provide, or are required to provide, at least 50 percent of the person’s financial support or who are listed as dependents on your federal income tax return; and
• Any person who provides to you at least 50 percent of your financial support, or who lists you as a dependent on his or her federal income tax return.

A child applicant would need to list his or her parents, siblings and those individuals who the parents provide at least 50 percent of their financial support.

Make sure you have totaled all household members to include yourself. USCIS will use this number later to determine if you have sufficient household income for the provided household size.

 

Part 3: Assets, Resources, and Financial Resources

USCIS will evaluate your and your household members’ assets, resources, and financial status when determining whether you are likely to become a public charge at any time in the future. This can be difficult for a lot of people, and some may not have sufficient assets to show that they will not become a public charge. Be sure to provide all possible income and assets, every dollar counts, especially when your assets are limited.

All else being equal, the more income and assets an applicant’s household has, the more self-sufficient he or she is likely to be. On the other hand, an applicant’s lack of assets and income, makes him or her more likely to receive public benefits, and could jeopardize their chances of being approved for the greencard.

Household Income

Be sure to include information for all household members, including yourself. You will need to list details about filing a federal income tax return in the latest year. Of course, not everyone is required to file a federal income tax return with the Internal Revenue Service. This is normal for a child or a newly arrived immigrant who has not worked in America, be sure to attach an explanation of a household member does not file taxes and are not listed as a dependent on anyone else’s taxes you are submitting. Don’t assume USCIS will come to that conclusion without an explanation.

You and your household members will also be able to include any additional income that is not included in a tax return, as long as you have an explanation. Examples of nontaxable income include child support, some alimony payments, certain Veteran’s Administration disability benefits and Social Security benefits.

The USCIS office will combine these amounts and compare it to your household size to determine the likelihood of the applicant becoming a public charge. USICS will use the Federal Poverty Guidelines (FPG) to make this determination.

In comparison; If the applicant is able to support him or herself and the applicant’s household members at 125 percent of the FPG for the applicant’s household size, then this is a positive factor in the totality of the circumstances. (Income that is 250 percent or more of the FPG is a very positive factor.) If the applicant is not able to support him or herself and the household members at 125 percent of the FPG for the respective household size, then this is a negative factor. If your income is insufficient, you may be able to use the net value of your assets to offset this difference. There is no secret formula, the rules are complex. If you believe that you need to rely on assets to cover the difference, please work with an immigration lawyer at our firm to prepare and submit this form.

Assets and Resources

You must list assets that you want considered. However, you don’t necessarily need to own assets to qualify. A younger applicant with current income typically has less need for assets as compared to an elder applicant who is no longer working. As previously stated, it is complicated.

Provide the value of any asset held in the United States or outside the United States, in U.S. dollars. If you list an asset, you or your household member will also need to provide proof that he/she owns it. Typical assets to list include checking or savings accounts, real estate, retirement accounts, stocks and bonds, annuities and other current assets. List only assets that can be converted into cash within 12 months.

Be warned: A vehicle may not be considered an asset. do not include the net value of an automobile unless you or your household member shows that you or your household member has more than one automobile, and at least one automobile is not included as an asset. You will be required to submit a copy of the vehicle to title.

Liabilities and Debts

The green card applicant must list liabilities and debts. For most people, this includes mortgages, car loans and credit card debt. Depending on your situation, you may have to include other loan debt, tax debt and personal loans. Your household members’ liabilities are not required when filling out Form I-944.

Credit Report and Score

USCIS will review your U.S. credit report and the credit score submitted with your I-944 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 for a green card.

Before you answer these questions, obtain a free credit report. If you were not aware, 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 do not have a credit report, use the credit agency’s documentation to demonstrate that you do not have a credit report or score.

RECOMMENDED:

Generally, a FICO credit 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. 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: delinquent accounts, foreclosures, debt collections, charge-offs (delinquent accounts deemed unlikely to be collected), repossession, foreclosure, judgments, tax liens, and/or bankruptcies.

Health Insurance

With today’s high healthcare costs, 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 care for yourself, attend school, or work. The combination of no health insurance and a significant medical condition will be weighted as a very negative factor. Consider purchasing health insurance before filling out Form I-944, Declaration of Self-Sufficiency.

Public Benefits

An applicant’s 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. As part of the public charge inadmissibility determination, USCIS considers both cash and non-cash 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)

It is important to know USCIS policy is to consider only the benefits above that you have applied to on or after February 20, 2020. However, if you think that you have ever applied for or received a public benefit listed above, speak to an immigration attorney before submitting Form I-944. An attorney can more carefully analyze your specific situation.

 

Part 4: Your Education and Skills

USCIS will consider your 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, which is important to keep from becoming a public charge. When filling out Form I-944, put your best foot forward and share your qualifications with USCIS, even if they seem small to you. List all of your credentials.

Education

Generally, any degree or active full-time education is a positive factor. The more education is generally better, if it can be evidence with a degree or transcripts. Enrollment with only one or two courses generally would not be enough to qualify as a positive factor. When filling out Form I-944, take the time to list each degree or diploma you have earned or are working on.

Skills

Occupational skills relevant to employment are also considered positive factors. Skills accompanied with a certification or license carry more weight. Skills and licenses that you’ve maintained over a period of several years characterize you as an experienced worker who can more likely find employment in the future. List any skill if you believe that you can demonstrate it is an earned skill that makes you more valuable in a job. This may require a letter of explanation.

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. However, don’t be alarmed if you lack the skills. USCIS must analyze the application in total. If you’ve taken an English classes, include them when filling out Form I-944.

Primary Caregiver

A primary caregiver is a person at least 18 years of age 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 household. USCIS considers household contributions through primary caretaking responsibilities as a positive factor in the totality of the circumstances.

Conclusion

Should you have any additional questions, we suggest you contact an immigration lawyer at Midwest Law Works to schedule a consultation to determine how we can assist you.

We are a Rockford-based immigration and nationality law group achieving positive results worldwide for our clientele. Our priorities are delivering outstanding legal representation and client services.