New Version of I-485 - Public Charge Rule in Effect

USCIS has posted the following important notice regarding Form I-485:

If you file Form I-485, Application to Register Permanent Residence or Adjust Status, on or after Dec. 23, 2022, you must use the 12/23/22 edition of Form I-485 or we will reject your filing. If you file Form I-485 before Dec. 23, 2022, you must use the 07/15/22 edition of Form I-485 or we will reject your filing.

On Sept. 9, 2022, DHS published the Public Charge Ground of Inadmissibility final rule to provide clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The new final rule will go into effect on Dec. 23, 2022, and requires collection of information in the new 12/23/2022 edition of Form I-485.

Preview versions of the new 12/23/2022 edition of Form I-485 and form instructions were published on Regulations.gov on Sept. 9, 2022. Preview versions of the new Form I-485 and form instructions were also published on uscis.gov on Nov. 23, 2022.

USCIS has published the final 12/23/22 edition of Form I-485 for applicants to prepare their applications in advance of Dec. 23, 2022. DO NOT file the 12/23/22 edition of Form I-485 before Dec. 23, 2022. USCIS will reject any Form I-485 with the edition date of 12/23/22 filed before Dec. 23, 2022.

What to Know About Sending Us Your Form
  • We will reject the 07/15/22 edition of Form I-485 if it is postmarked on or after Dec. 23, 2022.
  • We will reject the 12/23/22 edition of Form I-485 if it is postmarked on or before Dec. 22, 2022.


Who is subject to the public charge ground of inadmissibility? *

The public charge ground of inadmissibility (PDF) applies to applicants for admission or adjustment of status. However, there are exceptions—certain noncitizens are exempt, as explained in the next question.

Who is exempt from the public charge ground of inadmissibility? *

Certain noncitizens are exempt, including:

  • Applicants seeking refugee or asylee status;
  • Certain noncitizens seeking T nonimmigrant status (victims of human trafficking);
  • Certain noncitizens seeking U nonimmigrant status (victims of criminal activity);
  • Applicants seeking Temporary Protected Status;
  • Applicants seeking registry;
  • Certain claimants seeking recognition as American Indians born in Canada; and
  • Self-petitioners under the Violence Against Women Act.

BE SURE TO FILE THE CORRECT VERSION OF FORM I-485 OR YOUR APPLICATION WILL BE REJECTED.


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