I-944: Education evidence for parent

[truecolor 1]

I am filing AOS for my mother and filling out the gruesome Public Charge I-944 form and stuck in the education part. The form asks to provide documentation on the education received. I do see that the instructions do say "if this evidence is unavailable, you should provide an explanation and, if possible, evidence of unavailability such as a letter from the issuing institution". 

It is highly impossible to gather any documentation on my mother's high school education in her hometown (foreign country) from ages ago. Does anyone know what or how I can write for the explanation of why the evidence is available? Any help or suggestions will be highly beneficial and appreciated, please. 

 

[Duke & Marie 1,389]

Depends on what country she’s from, many local governments (education departments) maintain records within archives, especially when talking about western countries that have been doing it for a century or more.. 

 

if she can’t get records, try an affidavit disclosing why she can’t get them... if she’s of retirement age, it’s a no brainer that the chances of it actually being relevant to her case are extremely slim 

[HRQX 4,145]

14 minutes ago, truecolor said:

Does anyone know what or how I can write for the explanation of why the evidence is available?

Just a simple explanation that it's unavailable. The form was always about the totality of circumstances between education, financial status, etc. and with recent developments it might soon become a thing of the past: https://www.dhs.gov/news/2021/03/09/dhs-statement-litigation-related-public-charge-ground-inadmissibility "Once the previously entered judicial invalidation of the 2019 Rule becomes final, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 Rule) will apply.  Under the 1999 interim field guidance, DHS will not consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination." "DHS and USCIS will provide additional updates regarding the administration of the public charge ground of inadmissibility, including announcing when DHS will cease applying the 2019 Rule."

Edited March 10, 2021 by HRQX

[truecolor 1]

4 minutes ago, HRQX said:

Just a simple explanation that it's unavailable. The form was always about the totality of circumstances between education, financial status, etc. and with recent developments it might soon become a thing of the past: https://www.dhs.gov/news/2021/03/09/dhs-statement-litigation-related-public-charge-ground-inadmissibility "Once the previously entered judicial invalidation of the 2019 Rule becomes final, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 Rule) will apply.  Under the 1999 interim field guidance, DHS will not consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination." "DHS and USCIS will provide additional updates regarding the administration of the public charge ground of inadmissibility, including announcing when DHS will cease applying the 2019 Rule."

 Thank you for your response and also giving the ray of hope that soon (fingers crossed) this headache inducing form will be out the door. 

[HRQX 4,145]

1 hour ago, truecolor said:

 Thank you for your response and also giving the ray of hope that soon (fingers crossed) this headache inducing form will be out the door. 

Ignore Form I-944: https://www.dhs.gov/news/2021/03/09/dhs-secretary-statement-2019-public-charge-rule "Today, the Department of Justice dismissed its pending appeals in the Supreme Court and Seventh Circuit, and is in the process of doing so in the Fourth Circuit. Following the Seventh Circuit dismissal this afternoon, the final judgment from the Northern District of Illinois, which vacated the 2019 public charge rule, went into effect. As a result, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 public charge rule) is now in effect."

[truecolor 1]

8 hours ago, HRQX said:

Ignore Form I-944: https://www.dhs.gov/news/2021/03/09/dhs-secretary-statement-2019-public-charge-rule "Today, the Department of Justice dismissed its pending appeals in the Supreme Court and Seventh Circuit, and is in the process of doing so in the Fourth Circuit. Following the Seventh Circuit dismissal this afternoon, the final judgment from the Northern District of Illinois, which vacated the 2019 public charge rule, went into effect. As a result, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 public charge rule) is now in effect."

 

oh my..Thank you so much for informing me about this. is it official now that we don’t have to file the I-944 with I-495?

[catmom 11]

3 hours ago, truecolor said:

 

oh my..Thank you so much for informing me about this. is it official now that we don’t have to file the I-944 with I-495?

It is not officially on the USCIS website. Once they publish the announcement it will be official, expected sometime in he next few days. 

[econtom 12]

The site has since been updated: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

[HRQX 4,145]

10 hours ago, truecolor said:

is it official now that we don’t have to file the I-944 with I-495?

"Applicants and petitioners should not provide information or evidence related solely to the Public Charge Final Rule. That means that applicants for adjustment of status should not submit Form I-944, Declaration of Self Sufficiency, or any evidence or documentation required by Form I-944 when they file their Form I-485."

[truecolor 1]

Oh my... I want to do a happy dance right now. 😀😀 Thank you  @HRQX and @econtom for following up with the updates. I really appreciate it and am very thankful. Yesterday I was pulling my hair trying to fill out the darn form which I had been avoiding for quite a while. And now this news just made my day.