Family-Based Adjustment and the Public Charge Ground: How Should I Answer Question 61 on USCIS Form I-485?

Filling out the I-485, Application to Register Permanent Residence or Adjust Status can be a daunting task for many, as the questions range from simple to overly complicated, and misunderstanding a question can be the difference between a Request for Evidence or an outright denial. For that reason, it is crucial that you answer each question correctly, to the best of your knowledge. One question in particular that may leave some scratching their heads, is Question 61 (as of the date of this post), which asks, “are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)?” In this blog, we will briefly cover the public charge ground of inadmissibility, how you should respond if you’re applying to adjust status through your relationship to a family member and who is generally exempt from the public charge ground.

Public Charge Ground of Inadmissibility under INA § 212(a)(4)

The public charge ground of inadmissibility is a legal provision under our immigration laws that bars certain noncitizens from entering or becoming permanent residents in the United States if they are likely to become primarily dependent on the government for their subsistence. More specifically, this is demonstrated by either an individual’s receipt of public cash assistance or long-term institutionalization. Moreover, cash assistance includes, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and General Assistance (state, tribal, territorial or local cash benefit programs for income maintenance).

So, when it comes to the public charge ground of inadmissibility, if the USCIS officer reviewing your case believes that you will become dependent on the U.S. government, or any State, Local or tribal government, for financial cash assistance or long-term institutionalization, they are more likely to deny your application.

How Should I Respond to Question 61 on the I-485 Application?

According to the INA, federal regulations and USCIS policy manual, if you are an immediate relative or preference category family member applying for adjustment of status, you must answer “Yes” to question 61 on the I-485 application. More specifically, if you are classified as any of the following, you must answer “yes:”

Spouses, parents, children (under 21 y.o.) of U.S. citizens;
Unmarried sons and daughters of U.S. citizens and their children;
Spouses, children, and unmarried sons and daughters of legal permanent residents;
Married sons and daughters of U.S. citizens and their spouses and children;
Brothers and sisters of U.S. citizens;
Fiancé(e)s of U.S. citizens
Amerasians based on preference category, born on or after December 31, 1950 and before October 22, 1982; and
Spouses, widows or widowers of U.S. citizens.

Additionally, since you are required to answer “yes” to Question 61, you must also answer the corresponding questions 62, 63 and 64, which inquire about the size of your household, annual household income and the total value of household assets. If you fail to answer “yes” to Question 61 and provide answers to questions 62-64, USCIS will issue a Request for Evidence, seeking this information and that will unnecessarily delay your application.

Who is Exempt from the Public Charge Ground of Inadmissibility?

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:

Asylees and refugees;
Amerasian immigrants at admission;
Afghan and Iraqi interpreters or Afghan and Iraqi nationals employed by or on behalf of the U.S. government;
Cuban and Haitian entrants at adjustment of status;
Applicants seeking adjustment under the Cuban Adjustment Act;
Nicaraguans and other Central Americans who are adjusting status to LPR;
Haitians who are adjusting status to LPR;
Lautenberg parolees;
Special immigrant juveniles;
Applicants for registry;
Applicants seeking temporary protected status (TPS);
Certain nonimmigrant ambassadors, ministers, diplomats, and other foreign government officials, and their families;
Victims of human trafficking (T nonimmigrants);
Victims of qualifying criminal activity (U nonimmigrants);
Self-petitioners under the Violence against Women Act (VAWA);
Certain battered noncitizens who are “qualified aliens” under PRWORA;
Applicants adjusting status who qualify for a benefit as surviving spouses, children, or parents of military members;
Noncitizen American Indians born in Canada;
Noncitizen members of the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma;
Nationals of Vietnam, Cambodia, and Laos applying under the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2001;
Polish and Hungarian Parolees;
Certain Syrian nationals;
Applicants adjusting under the Liberian Refugee Immigration Fairness (LRIF) law; and
Any other categories of noncitizens exempt from the public charge ground of inadmissibility under any other law.

Conclusion

In conclusion, if you are applying for adjustment of status through a family member, and you do not otherwise fall under an exemption, you absolutely must answer “yes” to Question 61 on the I-485 application. Whether this question changes in the future as USCIS updates their form, ultimately, if the question asks whether you’re subject to the public charge ground of inadmissibility, and you are not exempt, you should answer “yes,” since it is a statutory and regulatory mandate that you do so. If you want to avoid any unnecessary delays in your application processing, it is best to answer this question correctly.

If you are interested in filing for adjustment of status, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.