I-485 PUBLIC CHARGE QUESTION FOR PARENTS THAT CAME UNDER UNITING FOR UKRAINE

[Nick S 0]

Good afternoon,

My parents have applied for form I-485. However they came here under Uniting For Ukraine program. Their form I-485 was just returned to them stating they should say yes to the public charge question and send it back. My question is, they arrived here September of 2022, under Uniting for Ukraine program, and they were given benefits such as Snap, Cash Assistance, and Insurance. Do we write these benefits under the question 68c? As these benefits were provided for everyone that came here under Uniting for Ukraine who applied for them. Or do we leave those benefits off of the application? I have read and looked up many videos that say to leave them off, and some say to put them on... Not sure what to do? Please advise. 

[Boiler 45,670]

You filed the I 130? You are a USC?

 

I assume they took advantage of the benefits, so yes.

[Nick S 0]

Yes I am a USC. We filed I-130 but the situation got really bad in Ukraine, and I-130 was not moving so we brought them here on U4U program. They are still under that program here, while waiting for approval on I-485, because we were told as soon as they arrived here I-130 didn't matter anymore and we had to apply for I-485. Which we applied On March 2024, but they arrived here September 2022, and since September 2022 they have been receiving assistance under U4U program. So because they were under U4U, do we still write all the assistance they received?

[OldUser 6,890]

My understanding is most of filers are subjects thus the answer should be "yes".

 

Are parents on TPS? Then they may be exempted and the answer may be "no".

 

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3

Edited September 9 by OldUser

[SteveInBostonI130 3,467]

3 hours ago, Nick S said:

Yes I am a USC. We filed I-130 but the situation got really bad in Ukraine, and I-130 was not moving so we brought them here on U4U program. They are still under that program here, while waiting for approval on I-485, because we were told as soon as they arrived here I-130 didn't matter anymore and we had to apply for I-485. Which we applied On March 2024, but they arrived here September 2022, and since September 2022 they have been receiving assistance under U4U program. So because they were under U4U, do we still write all the assistance they received?

 

 

There are exemptions to the Public Charge rule for certain people, including certain Humanitarian Parole groups.  However, Ukrainians are not listed in that group:  https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3

 

Quote

C. Exemptions

The public charge ground of inadmissibility does not apply, based on statutory or regulatory authority, to the following applicants for visas, admission, and adjustment of status:^[39]

• Asylees^[40] and refugees;^[41]

• Amerasian immigrants at admission;^[42]

• Afghan and Iraqi interpreters or Afghan and Iraqi nationals employed by or on behalf of the U.S. government;^[43]

• Cuban and Haitian entrants at adjustment of status;^[44]

• Applicants seeking adjustment under the Cuban Adjustment Act;^[45]

• Nicaraguans and other Central Americans who are adjusting status to LPR;^[46]

• Haitians who are adjusting status to LPR;^[47]

• Lautenberg parolees;^[48]

• Special immigrant juveniles;^[49]

• Applicants for registry;^[50]

• Applicants seeking temporary protected status (TPS);^[51]

• Certain nonimmigrant ambassadors, ministers, diplomats, and other foreign government officials, and their families;^[52]

• Victims of human trafficking (T nonimmigrants);^[53]

• Victims of qualifying criminal activity (U nonimmigrants);^[54]

• Self-petitioners under the Violence against Women Act (VAWA);^[55]

• Certain battered noncitizens who are “qualified aliens” under PRWORA;^[56]

• Applicants adjusting status who qualify for a benefit as surviving spouses, children, or parents of military members;^[57]

• Noncitizen American Indians born in Canada;^[58]

• Noncitizen members of the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma;^[59]

• Nationals of Vietnam, Cambodia, and Laos applying under the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2001;^[60]

• Polish and Hungarian Parolees;^[61]

• Certain Syrian nationals;^[62]

• Applicants adjusting under the Liberian Refugee Immigration Fairness (LRIF) law;^[63] and

• Any other categories of noncitizens exempt from the public charge ground of inadmissibility under any other law.^[64]

 

 

From what I have read, you do need to list the public benefits they have received.  Certain benefits are not considered as grounds of inadmissibility.  You will need to list all the benefits they received and USCIS will make the determination.

 

Also, the I-485 will not be approved (once the public charge issue is resolved) until after the I-130 is approved.  Please check the status of the I-130 for your parents. If the petitions are at NVC, you will need to request for it to be changed to Adjusting status and sent back to USCIS.

 

[Boiler 45,670]

Good points

 

I have never seen anyone have issues with a public charge, they should be grateful that you are taking over but of course logic rarely comes into this.

 

I have seen quite a few cases where people have got HP just to come for Medical Treatment, it is what it is.

[Nick S 0]

So what you guys are saying is just go ahead and write all the benefits received, right? Even thought they were under U4U, and the benefits provided were due to the program.

[Boiler 45,670]

No, well i am not

[Family 4,025]

Answer YES and list all public benefits they used. ALSO stop using those benefits as of the date they apply to adjust status. 
‘The period of U4U during which they were allowed benefits will not be a single factor disqualifier as long as you now step in and show a solid I-864. 

[discoverusa 277]

2019 Public Charge Final Rule is no longer in effect. 

 

 

Public Charge Resources | USCIS

 

Clarifying the 2022 Public Charge Final Rule (uscis.gov)

 

Public Charge Interagency Letter (uscis.gov)

[Boiler 45,670]

11 hours ago, Family said:

Answer YES and list all public benefits they used. ALSO stop using those benefits as of the date they apply to adjust status. 
‘The period of U4U during which they were allowed benefits will not be a single factor disqualifier as long as you now step in and show a solid I-864. 

They do not need to apply for EAD or AP presumably so will they not stay in HP status until their GC is approved?

[Family 4,025]

20 minutes ago, Boiler said:

They do not need to apply for EAD or AP presumably so will they not stay in HP status until their GC is approved?

My position is to apply for I-765 based on adj C09 and even I-131 if they intend to work or travel. ..and stop the public benefits at the  submission of the I-485. 
 

 

[Boiler 45,670]

They may have EAD under HP.

[Mariupol 1]

Hello, We are from Mariupol, and my mother is in exactly the same situation. 

 

She IS NOT subject to public charge, and you responded to question #61 properly. Anyone on UHP has been given legal status equivalent to refugees. Ukrainian parolees are explicitly eligible to receive SSI without triggering public charge.  

 

https://www.acf.hhs.gov/orr/policy/policy-letters/22-13#:~:text=The purpose of this policy,4%2C authorizes ORR to provide

[OldUser 6,890]

2 hours ago, Mariupol said:

Hello, We are from Mariupol, and my mother is in exactly the same situation. 

 

She IS NOT subject to public charge, and you responded to question #61 properly. Anyone on UHP has been given legal status equivalent to refugees. Ukrainian parolees are explicitly eligible to receive SSI without triggering public charge.  

 

https://www.acf.hhs.gov/orr/policy/policy-letters/22-13#:~:text=The purpose of this policy,4%2C authorizes ORR to provide

Did your mother get GC already?