Subject to public charge question

[80sHowardTheDuck]

Hi all,

I would appreciate advice. My wife, my son and I are applying for adjustment of status after I got a successful I-140 employment-based authorization. With the new question regarding being subject to public charge on the i-485:

(1) I think the answer is yes for us all, even though we have never claimed off the state, as the question is asking whether they need to assess this. Is that correct?
(2) I believe that I do not need to file an affidavit of support for myself, but do I need to file one for my son and wife?

Very much appreciate any clarity on this.

[Enub4]

1- are you talking about question 61 under the title Public Charge that reads: Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)?
Edit: sorry, wrong information, see newacct post.

2- I don't think you need to file an affidavit of support if they are depending on your application. At least that is how worked before. I see the I-485 has a new version for December 2022 and later, I haven't read the instructions but I guess that the affidavit is not needed unless you are not applying together.

[newacct]

Hi all,

I would appreciate advice. My wife, my son and I are applying for adjustment of status after I got a successful I-140 employment-based authorization. With the new question regarding being subject to public charge on the i-485:

(1) I think the answer is yes for us all, even though we have never claimed off the state, as the question is asking whether they need to assess this. Is that correct?
(2) I believe that I do not need to file an affidavit of support for myself, but do I need to file one for my son and wife?

Very much appreciate any clarity on this.

1. If you are talking about I-485, Part 8, item 61, "Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)?", the answer is Yes for all of you. Almost all categories of immigration are "subject to the public charge ground of inadmissibility", including almost all family-based categories, employment-based categories, DV, etc. Only some rare categories, like adjustment for refugees and asylees, are not subject to this ground of inadmissibility. Go to USCIS Policy Manual, Volume 8, Part G, click on the "Appendices" tab, and read the table for your category of immigration to see if it is subject to the public charge ground of inadmissibility. Being subject to the public charge ground of inadmissibility just means that people in your category can, in principle, be found to be inadmissible for public charge, not that you are inadmissible.

2. None of you need an I-864. People in an employment-based category do not need I-864 unless the company is more than 5% owned by their relative.