Form I-944: Everything You Need to Know

Immigration in the U.S. is complex, to say the least. With scores of forms available, each with a specific purpose, it’s easy to get overwhelmed. Form I-944 is one such form that is both long and complex for first-time filers.

If you were asked by the USCIS or your law firm to fill out this form, but you don’t have any knowledge on this topic, you have come to the right place. In this article, we’ll discuss eligibility under Form I-944 and how to fill out the form properly, among other important details.

What is Form I-944?

Form I-944, Declaration of Self-Sufficiency, is a new (or reworked) form introduced by the USCIS which addresses a new public charge rule. This form provides proof that you aren’t inadmissible to the U.S. based on the likelihood of becoming a public charge.

This form is mandatory for some applications and optional for others unless it is specifically asked for by the USCIS.

Form I-944 is surrounded by controversy. The final version released by the USCIS, along with the DHS, makes changes to the “Public Charge” rule. The rule states that the likelihood of an alien becoming a public charge will be determined after taking into account the totality of their circumstances and by weighing all factors relevant to their case.

This was blocked by many state courts for various reasons up until January 2020. It was only after the Supreme Court’s verdict on this matter that the USCIS announced its effectiveness starting Feb. 24, 2020.

Who Needs to Complete Form I-944?

This form needs to be submitted by an alien seeking permanent residence or change of status. In other words, you must file this form if you’re going to file Form I-458, Application to Register Permanent Residence or Adjust Status. It states that you, as an entering or remaining alien, are capable of taking care of yourself and don’t require public assistance.

Moreover, anyone who was supposed to file this form as specified by DHS rule 212.21 (b) might be affected. Those who obtain migration benefits from the USCIS must prove that they are not likely to become a public charge; as per INA area 212(a)(4), they must submit this form along with their application.

Other groups of individuals who might be required to submit Form I-944 are:

• Individuals who are applying for an extension of stay by filing Form I-539, Application to Extend/Change Nonimmigrant Status.
• Petitioners who are looking to extend, keep, or change their nonimmigrant status by filing Form I-129, Application for a Nonimmigrant Worker, or Form I-129CW.

Certain groups of aliens, like refugees, asylees, and some T and U visa applicants, are not required to submit this form since they are exempted from the public charge ground of inadmissibility. For more information on this exemption, and to check whether you qualify, please refer to this page.

Lastly, you shouldn’t use this form if you live in the state of Illinois. Since the final rule is subject to an injunction, the applicability is still uncertain. At the time of this writing, Illinois residents are barred from submitting Form I-944. But it is advised to keep yourself updated.

How to Complete Form I-944

The final version of Form I-944 was implemented on Feb. 24, 2020. Form I-944 is a 19-page document and hence is quite lengthy. There’s also a 16-page instruction manual that comes with it.

While complete, step-by-step instructions are beyond the scope of this article, we’ll provide a brief summary of what to expect. Don’t worry — all sections are straightforward and easy to understand. You will be asked for:

1.  Personal details like name, age, address, marital status, citizenship, alien registration number (A-number), and DOB.
2. Name, DOB, and details on your relationship with every household member. These include your spouse, any unmarried children under the age of 21, and anyone you have listed on your tax return as a dependent.
3. Details on the earnings of all household members, including their tax-filing status, total income received from tax returns, tax year, etc.
4. Details on the assets owned by each family member like checking and savings accounts, stocks, cash balances, and retirement accounts.
5. Real estate holdings in the U.S. with appraisal and cash value.
6. Liabilities like mortgages, personal loans, car loans, etc.
7. Credit score reports (recent).
8. Bankruptcy details and filings (if any).
9. Health insurance plans and premium tax credit.
10. Any public benefits you currently might be using, like SSI, TANF, and Food Stamps.
11. Educational background and skills.
12. Occupational details, licenses, certifications, etc.
13. Certification in English or any other languages.
14. Retirement details, if relevant and necessary to your case.
15. Interpreter’s name, address, declaration, and other details if using an interpreter for filing.
16. The authorization granted to the USCIS to verify with credit reporting agencies and other government entities.
17. Self-declaration asserting that all copies are factual and correct to your knowledge.
18. Signature.

Provide relevant supporting documents wherever asked for. It will be explicitly mentioned on each page. You can provide photocopies, but they should be clearly readable. While filling out the application, it’s important to pay attention to details and answer each and every question. Where it’s not relevant to you, you can select N/A, but never leave it blank.

Where to Submit Form I-944

You have to submit this form along with Form I-485 to the USCIS office. Remember that this is a declaration form that is part of your green card application or change of status application. So don’t treat it as an individual form. Send it along with your immigration application.

Once the form has been submitted, a USCIS official will verify the details provided. If you are deemed able to support yourself independently, your petition will go through, and you will be notified via e-mail.

I-944 Fees

There are currently no filing fees for Form I-944. All you have to pay are the fees for your green card application or change of status application. But you might face out-of-pocket expenses for obtaining supporting documents. They will be minimal, though.

I-944 Processing Time

The USCIS, at the time of this writing, hasn’t provided details on the processing time for Form I-944, partly because the form is new and still not applicable in some states. Since your green card application will take somewhere between 10 to 13 months, you can expect a similar processing time for Form I-944.

Conclusion

Self-sufficiency rules are only going to become more stringent as the Trump administration is collectively curbing immigration. But provided you are financially independent, you have no reason to worry. When filling out this form, it is advised to get in touch with an attorney for proper guidance.

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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