Definition of “Household Member” for Permanent Residence Applicants
Overview
Effective February 24, 2020, the Department of Homeland Security (DHS) and the Department of State (DOS) implemented the government’s “Public Charge” ground of inadmissibility. Additional background information on the Public Charge rule can be found here.
All applicants for Adjustment of Status who are filing a Form I-485 to USCIS, and the Principal Applicant who is filing an Immigrant Visa petition at a United States Consular Post, must define their “Household” size for purposes of the Public Charge rule. The definitions of “Household” are similar for each process.
USCIS Household Size for Form I-944
Each individual who are filing a Form I-485 Application for Permanent Residence must also submit a Form I-944 Declaration of Self Sufficiency. The Form I-944 requires that all individuals in the applicant’s household be listed. The Form I-944 instructions define a “Household” member as follows:
Applicants who are age 21 or older:
If you are an Adjustment of Status applicant and are age 21 or older, you must list the following household members on Form I-944:
- Yourself;
- Your spouse, if physically residing with you;
- Your children (under the age of 21 and unmarried) physically residing with you
- Your other children (under the age of 21 and unmarried) for whom you provide (or are required to provide) at least 50% of financial support based on a child support order, custody agreement, or other order or agreement.
- Any other individuals to whom you provide (or are required to provide) at least 50% of the individual’s financial support, or who are listed as a dependent on your federal income tax return; and
- Any individual who provides you with at least 50% of your financial support, or who lists you as a dependent on his or her federal income tax return.
Applicants who are under age 21:
If you are an Adjustment of Status applicant and are under age 21, you must list the following household members on Form I-944:
- Yourself;
- Your children (under the age of 21 and unmarried) physically residing with you;
- Your other children (under the age of 21 and unmarried) for whom you provide (or are required to provide) at least 50% of financial support based on a child support order, custody agreement, or other order or agreement.
- Your parents, legal guardians, or any other individual providing or required to provide at least 50% of financial support to you based on a child support order, custody agreement, or other order or agreement.
- Your parents’ or legal guardians’ other children (under the age of 21 and unmarried) physically residing with you;
- Your parents’ or legal guardians’ other children (under the age of 21 and unmarried) not physically residing with you for whom the parent or legal guardian provides or is required to provide at least 50% of financial support based on a child support order, custody agreement, or other order or agreement; and
- Any other individual to whom your parents or legal guardians provide or other individuals provide, or are required to provide, at least 50% of your financial support, or who are listed as a dependent on your parents’ or legal guardians’ federal income tax return.
DOS Household Size for Immigrant Visa processing.
The list of Household members for an Immigrant Visa petition are nearly identical to the USCIS lists above, both for individuals who are age 21 or older, and those who are under age 21.
The main difference is that wherever the USCIS definition includes the term, “physically residing with you,” an Immigrant Visa applicant should also include individuals who will be physically residing with you after you immigrate to the United States.
In addition, only the Principal Applicant is required to provide their Household members and complete Form DS-5540, Public Charge Questionnaire.
If you have questions about the Public Charge rule or any of its requirements, please contact your immigration attorney.
