Complete Guide to DS-5540

With the implementation of the new public charge rule in 2020, USCIS developed a new questionnaire called DS-5540. But what is it, and who should be using it? In this article, we’ll explain everything you need to know about DS-5540.

What is Form DS-5540?

 Form DS-5540 is a form provided by the United States Citizenship and Immigration Services that contains a list of questions. These questions are called Public Charge Questionnaires. To understand this form, you must understand the latest public charge law.

A public charge is defined as a person (more precisely, an immigrant) who relies on government programs for sustenance. They cannot take care of themselves financially and can be deported at any given point in time.

The Public Charge Rule is used by the United States government to ensure that immigrants do not become dependent on the government for survival. This would put a burden on the US government and hence prove to be detrimental to the economy.

The public charge was primarily focused on existing immigrants and green card holders who are already staying in the United States. But the Trump administration has extended it to those applying to come into the United States.

The purpose of the DS-5540 form is to determine whether the person intending to immigrate into the United States is likely to become a public charge in the future. If there’s a possibility, then he/she would be denied a visa to enter the United States.

Through the questions in the form, USCIS collects information about you and your health and financial status. As you’ll see later, there are multiple sections in DS-5540 that must be answered correctly.

Who Needs to File Form DS-5540?

 Previously, the public charge rule applied only to immigrants and green card holders. But now, the USCIS and DHS have aggressively expanded their scope.

But DS-5540 is applicable only for selected people. These are people who are applying for a US visa and must prove that they will not become a public charge in the future.

Therefore, DS-5540 must be completed by immigrant visa applicants, including those applying for Immediate Relative or IR visas, family-based preference visas, employment visas, and special immigrant visas.

A few visa categories like those eligible under the Violence Against Women Act (VAWA) and Iraqi/Afghan interpreters are not subject to the public charge rule. Hence, they aren’t required to fill out the DS-5540 questionnaire.

If the consular demands that you complete the DS-5540, irrespective of which US visa you’re applying for, then you have to complete the questionnaire and submit it.

How to Fill Form DS-5540?

If your visa application requires that you fill out Form DS-5540, then this section is of great importance to you. In this section, we’ll explain the DS-5540 in detail and how to complete it properly. The form is divided into multiple sections (7, to be precise). Each section pertains to a particular subject.

Here’s a breakdown of each part:

Part 1: Information About You

 In this section, you’ll be asked a few personal questions. Your name, age, address, date of birth, whether you’ve been to the United States are some of the questions. So basically, this section is for identification purposes.

Part 2: Your Health

USCIS takes your present and past health into account to determine whether or not you’ll likely become a public charge. This section asks you about your health insurance coverage in the US. If not, what are your plans for getting the coverage within 30 days of arriving in the United States?

Part 3: Household Size

In this part, you’ll be asked to list all the members of your household who either live in the United States or are planning to immigrate with you.

The household members can be:

• Your spouse
• Your children if they are planning on living with you
• Any other children who will not live with you but will be receiving 50% of their financial support from your contribution
• Any person who will be receiving at least 50% of their financial support from you
• Any person who you list as your dependent as per the latest income tax filings
• Any person who contributes at least 50% to your finances
•  Any person who has mentioned you as their dependent as per income tax filings

Part 4: Your Assets, Resources, and Financial Status

This is going to be the longest of all the parts. The questions in this section extend to three pages. Therefore, have adequate time and patience for completing this section. Here’s the information you need to provide:

• US Federal Tax returns – If you have filed tax returns with the IRS, then you need to attach transcripts of the same. If you’re not in the US yet, then you can leave this section blank after consultation with the counselor.
• Tax status for the last 3 years – If you have worked in the United States for at least 3 years, then you need to answer the questions in this subsection.
• All income sources – You’ll be asked your yearly salary, employment status, any other income from rent, stock dividends, foreign pensions, child support you might have received after coming to the United States.
• Any other assets – You’ll be asked about your cash assets, including checking and savings accounts.
• Debts and liabilities – If you’re on any kind of debt, then fill out this subsection.
• Public benefit you’re using – If you’re receiving any public benefit from the government, then include those details. In the United States, any federal state, or local level cash assistance programs are called public benefits. This also includes the Supplemental Nutrition Assistance Program, Housing Choice Voucher Program, Subsidized Housing, Medicaid, among others.

You should include additional information wherever required. You can ask for additional sheets to provide the extra information. But make sure to refer to the question number and subsection to make things clearer. Then attach these sheets to the end form.

Part 5: Education and Skills

This part will ask you about the education qualification and skills you possess. You must demonstrate the skills by providing recognized certificates.

Part 6 and 7: Preparer and Translator

If you used a preparer to complete this document on your behalf or a translator to translate certain things, then fill out this section. Otherwise, you can leave it blank.

Documents Required to File DS-5540

You need to supplement the information provided above with relevant documents. For example, for health insurance coverage, you must provide copies of signed policy pages and a confirmation letter from your insurer. Likewise, for income details, you must provide copies of payslips, Verification of Employment letter, job offer letters, etc. Other sections will have similar documentation requirements. Check with the manual or the consular for appropriate documents that you should attach.

DS-5540 Fees

Currently, filing DS-5540 doesn’t attract any fee. It is free of cost, and all you need to incur is your visa application processing fee. But if you’re using a translator, preparer, or attorney, they will charge you separate fees.

Conclusion

Since the US government is aggressively expanding the scope of the public charge rule, you can expect certain changes made to DS-5540 from time to time. Therefore, always use the updated form for your case.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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