• Filip Kobylecki

USCIS Publishes New Versions of Forms I-485, I-864

In a welcome development which closely followed the rescission of the new public charge rule, the USCIS has updated the Forms I-485 and I-864, among others, to reflect a new regulatory reality. The new Form I-485, which is used to adjust the status of a non-immigrant to that of lawful permanent resident, contains very few material modifications, apart from removing a long list of potential public charge and affidavit of support exclusions. These exclusions contained lists and questions designed to determine whether a given applicant should submit a Form I-944, Declaration of Self-Sufficiency, or a Form I-864, Affidavit of Support, with their application materials. Further, this new Form I-485 removes the troublesome language of Page 4, Part 2, Item 10, which resulted in hundreds of application rejections at the USCIS due to a small material omission under the "blank space" rejection policy.

The new Form I-485 (edition date 03/10/2021) is being accepted by the USCIS with immediate effect and, starting April 19, 2021, will be the only edition accepted and utilized by the agency. As for the new version of the Form I-864, also dated 03/10/2021, very few modifications have been made from the previous version of this Form. The new I-864 will also be accepted by immediate effect and will be the only edition accepted starting 03/19/2021. Adjustment of status applicants should be mindful of these new editions when filing their applications, as submissions with an outdated edition of a Form will result in application rejection. Such a rejection can take weeks to months for the USCIS to process and return to the applicant, resulting in lengthy delays in filing and the potential to lose the ability to file an application depending on an applicants' status and the movement of the visa bulletin.

For more information or a review of your Forms prior to submitting to the USCIS, please contact our office and we would be happy to craft an immigration service plan best suited for your needs!