What is the U.S. Immigration I-944 Form, & Does it Penalize Immigrants For Needing Benefits?

What is the U.S. Immigration I-944 Form, & Does it Penalize Immigrants For Needing Benefits?

President Trump’s new public charge rule would force green card applicants using the Adjustment of Status procedure to additionally submit the I-944 form with their green card application when applying from the U.S. Form I-944 is presented as a means to determine whether or not an immigrant is likely to be able to support themselves and their family in the U.S. without heavily depending on public benefits. An immigrant would be determined “heavily dependent” if they would likely need to use public benefits 12 of the months within any 36-month time frame. 

This new rule, established by the Trump Administration, would essentially penalize immigrants needing assistance by denying green cards and visas to those who are likely to use government benefits. These benefits include, but are not limited to, food stamps, housing vouchers, nutrition assistance and subsidized medical insurance. The initial draft of the I-944 Form gained copious amounts of scrutiny from the public upon its release, many people expressing outrage that the Trump Administration would punish immigrants for utilizing benefits that they’re legally entitled to. 

As a result of the I-944 Form requirement, green card applicants will be forced to jump through additional hoops in order to complete the already tedious application process, and a significant number of them will no longer qualify. Furthermore, The Urban Institute revealed that 1 in 7 immigrant adults reported that they themself or an immigrant family member did not use a benefit program last year out of fear that their green card status would be at risk.₂ 

Work Cited

  1. Bernstein, Hamutal, et al. “With Public Charge Rule Looming, One in Seven Adults in Immigrant Families Reported Avoiding Public Benefit Programs in 2018.” Urban Institute, 5 Feb. 2020, www.urban.org/urban-wire/public-charge-rule-looming-one-seven-adults-immigrant-families-reported-avoiding-public-benefit-programs-2018.
  2. Fessler, Pam, and Joel Rose. “Trump Administration Rule Would Penalize Immigrants For Needing Benefits.” NPR, Kpbs, 12 Aug. 2019, www.npr.org/2019/08/12/748328652/trump-administration-rule-would-penalize-immigrants-for-using-benefits. 
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FAQs

What is Form I-944, and who needs to submit it?

Form I-944, Declaration of Self-Sufficiency, is required for green card applicants using the Adjustment of Status process in the U.S. It is designed to assess whether applicants are likely to become a "public charge" by relying on public benefits.

What is the purpose of Form I-944?

The purpose of Form I-944 is to determine whether an immigrant can financially support themselves without depending on public assistance programs like food stamps, housing vouchers, or Medicaid

How does the I-944 form affect green card applications?

The I-944 form adds another layer to the green card application process, making it harder for applicants who may need public benefits. Those deemed likely to use these benefits could have their applications denied under the public charge rule.

What factors are considered in the I-944 evaluation?

USCIS considers factors such as the applicant’s income, employment history, health, education, assets, and whether they’ve used or are likely to use public benefits when evaluating Form I-944.

Does Form I-944 penalize immigrants for using public benefits?

Yes, under the public charge rule, Form I-944 can penalize immigrants who are deemed likely to rely on public benefits for 12 months or more within a 36-month period. This can result in their green card application being denied.

Which public benefits are considered in the I-944 assessment?

Benefits like food stamps (SNAP), housing vouchers, Medicaid, and Supplemental Security Income (SSI) are considered in the I-944 assessment. Use of these benefits can negatively affect the likelihood of green card approval.

How has the I-944 requirement impacted immigrant families?

Many immigrants and their families have avoided using public benefits they are legally entitled to out of fear that it could jeopardize their green card application under the public charge rule.

Can submitting Form I-944 lead to a green card denial?

Yes, if the information provided on Form I-944 suggests that the applicant is likely to rely on public benefits in the future, their green card application can be denied based on the public charge rule.

How does the I-944 form impact the overall green card process?

The I-944 form makes the green card application process more complicated and time-consuming, as applicants must gather extensive financial and personal documentation to prove their self-sufficiency.

Has there been public opposition to Form I-944?

Yes, the I-944 form has faced significant public criticism for penalizing immigrants who use benefits they are legally eligible for. Many view it as an unfair barrier to obtaining permanent residency in the U.S.