US Immigration Update – USCIS to Only Accept New Form I-485 for US Green Card Applicants

This year, US Citizenship and Immigration Services (USCIS) decided to give us all a present for the holidays that is likely to result in a significant number of rejections of I-485, Applications to Register Permanent Residence or Adjust Status. We must have all been very naughty this year.

As part of the reimplementation of the Public Charge Ground of Inadmissibility final rule published on September 9, 2022, USCIS announced a new version of Form I-485, to become effective on December 23, 2022. Furthermore, deviating significantly from how USCIS typically handles form updates, there will be no grace period.

In the new form edition, Applicants are required (with exemptions for certain categories including refugees and asylees) to disclose education and financial details, including household size, income, assets, liabilities, professional qualifications, and prior government benefits received. While the new form does require this additional level of personal information, the updated Instructions note that Applicants are not required to provide any additional documentation in initial filings relating to the Public Charge Ground of Inadmissibility.

So, what does this all mean?

• Any Form I-485 application package postmarked before December 23, 2022 must utilize the 07/15/2022 form edition; and
• Any Form I-485 application package postmarked on or after December 23, 2022 must utilize the 12/23/2022 form edition.

Stay tuned for the latest from the MPC immigration team as we closely monitor updates and other significant changes in US and Canadian immigration!