The new Public Charge Questionnaire

The new Public Charge Questionnaire

If you have any questions related to immigration or the public charge rule in San Diego, California, call us today at (619) 746-8879

Earlier in 2020, the United States government accepted the new Public Charge rule under which those seeking a Green Card will now face more scrutiny of their personal finances and whether they are able to support themselves or not. Since February 24, anyone who uses the consular processing option must file Form DS-5540, also known as the Public Charge Questionnaire.

This form’s objective is to collect information about the person who is seeking the Green Card, their health, financial status and also household size. These details will be used by US Citizenship and Immigration Services, USCIS, officials to determine if the person can support themselves and not become a Public Charge, or dependent on the government’s benefits, in the future.

When will you be requested to fill out the Public Charge Questionnaire?

You will be asked to present a completed DS-5540 or Public Charge Questionnaire at your visa interview, as you can read in the Department of State’s website. Alongside your form, you will need to bring supporting evidence of what you are declaring prior to the interview.

Who needs to fill out Form DS-5540?

All immigration visa applicants that are subject to the grounds of Public Charge ineligibility, such as those who apply as immediate relatives, in family-based categories, in employment-based preference categories and others, need to fill out the Public Charge Questionnaire.

Only one form per family is required if they are applying for their visas on the same petition and are interviewed as a family unit.

The following immigrant visa applicants may be required to submit the DS-5540:

1. All immediate relative immigrant visa applicants, except for children (IR2, IR3, IR4, IH3, and IH4), however, stepchildren in the IR2 category will still be required to complete the form.
2. The principal applicant for all family-based preference immigrant visas and any follow-to-join derivatives who do not accompany the principal applicant (F1, F2A, F2B, F3, F4).
3. The principal applicant for all employment-based preference immigrant visa applicants, including most special immigrant visa applicants and any follow-to-join derivative family members.
4. The principal applicant for all diversity visa applicants.
5. Any nonimmigrant visa applicant if instructed to do so by a consular officer.

You can read more about this topic on this file published by the Department of State.

How to fill out the Public Charge Questionnaire?

This form is only four pages long, so it is not so complicated to fill out. However, if you feel you need help, the best thing you can do is seek help from an immigration attorney in San Diego, California that will be able to aid you when the time comes for you to fill out the form.

It is also important for you to know that there is no filing fee for this questionnaire and, compared to many other forms, this one is relatively easy to answer. These are all of the parts of the form:

Part 1: General information about you

Here, you will need to provide general information about you, such as your name, age and if you have been in the United States before and when.

Part 2: Information about your health

Here you will need to answer if your current health insurance covers you in the United States or at least within 30 days of entry.

Part 3: What is your household size?

You will have to list the expected members of your household in the United States, which can be:

• You (the person seeking the green card)
• Your spouse
• Your children if they will be living with you
• Any children who will not be living with you in the United States but receive at least 50% of their financial support from you
• Any person who receives at least 50% of their financial support from you
• Any person whom you listed as a dependent on your latest federal income tax return
• Any person who provides you with at least 50% of your financial support
• Any person who listed you as a dependent on their latest federal income tax return

Part 4: Your assets, financial status and your resources

This part of the form is the longest and you will need to inform about all your US federal tax returns that you filed within the last three years; your IRS transcript for your most recent US federal tax return; your tax status for the last three years; your income; your employment status; your assets, including equity in real estate, annuities and securities; debts and liabilities; public benefits that you have received on or after February 24, 2020, from the US government.

Part 5: Education and skills

Here you can answer questions regarding your education level, your occupation and also your skills.

Part 6 and 7: Preparer and translator

Finally, you will need to answer if anyone helped you in the preparation of the form.

If you are looking for an immigration lawyer who can answer all of your questions about the Public Charge rule, the Public Charge Questionnaire and other matters related to this process, contact Kannan Law today and get answers to all of these questions!