Beginning on December 23, 2022, applicants filing for adjustment of status to permanent resident in the United States must use the 12/23/22 version for Form I-485. Per U.S. Citizenship and Immigration Services, the new version of the I-485 is revised to incorporate questions that address and implement the Department of Homeland Security’s final rule on the public charge ground of inadmissibility. Public charge inquiries are intended to determine whether an applicant for permanent residence is likely to become a public charge, or reliant on the United States government for financial assistance. The DHS final rule was published on September 9, 2022, and was intended to provide clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility.

The public charge ground of inadmissibility has waxed and waned over the years in terms of its importance to the overall adjudication of permanent residence applications, but a public charge inquiry for applicants remains a central component of permanent residence applications. If you have questions about the effect of the new DHS rule on public charge on your permanent residence process, please reach out to our office to schedule a consultation today!