VISA2US Blog

Immigration laws in the US began in the 1880s as people were welcomed into the country for various reasons. Within those laws is the term “public charge,” referring to someone in the care of the public. However, in 1999, the Immigration and Naturalization Service (the agency before the Department of Homeland Security) defined this term more thoroughly. In the 1999 Interim Field Guidance release, the definition of “public charge” was adapted to refer to anyone primarily dependent on public cash assistance or long-term care at the expense of the government. This standard has remained until recent rulings, and the DHS’s new “public charge” rule could affect visa and green card holders.

The move to get rid of the I-944 Declaration of Self Sufficiency comes at a time when the USCIS is changing some of its policies regarding the burden of evidence needed to judge an immigrant applicant as a public charge. The removal of this form and the re-instatement of a 1999 ruling shows how the agency is taking steps to create more efficiencies with the U.S. immigration system.

DS-5540 is used to determine if the applicant in question is likely to become a public charge when they immigrate to the United States, based on their financial situation, but also based on other categories such as educational/skills status and household size.

Foreign spouses married to a U.S. green card holder will have to until their priority date for an available visa. At this point, the remainder of forms and payments will need to be collected leading up to the green card interview and a final decision made by a consulate or embassy officer.

Consular processing for foreign spouses is a more lengthy process that U.S. based adjustments. Follow these steps to ensure a smooth process and no surprises when it comes to submitting forms and payments online.