Applicants seeking to adjust status to lawful permanent resident in the U.S.—this message is especially for you. The U.S. Citizenship and Immigration Services (USCIS) has issued a clear warning: if you fail to complete the Adjustment of Status form to become a lawful permanent resident accurately, your application may face rejection or significant delays.
The agency emphasized on its social‑media channel that applicants “MUST properly complete [the Adjustment of Status form] per the form instructions.” What is drawing particular attention is the “public charge” section. Some applicants are neglecting to fully fill out or respond to required questions in that section. This has already triggered processing issues.
Why This Section Is Critical
When you submit your application for adjustment of status, you are requesting to move from a temporary visa or other non‑immigrant status to lawful permanent resident (a “green card”). One component of that application assesses whether you might become a burden on the U.S. public system. That is the public charge ground of inadmissibility.
• Under the Immigration & Nationality Act (INA) § 212(a)(4), an applicant can be found inadmissible if deemed “likely at any time to become a public charge.”
• USCIS guidance clarifies that for adjustment applications filed on or after December 23 2022, the current public‑charge rule applies.
• Errors or omissions in this section may trigger a Request for Evidence (RFE) or possible denial.
In short: when you fill out the Adjustment of Status form, you cannot treat the public charge section as optional or peripheral.
The Common Mistake: Question 61 (and following) in the Public Charge Section
In the public charge section, one of the first questions asks whether you are subject to the public charge ground of inadmissibility. Many applicants misinterpret this. Do not mistakenly answer “no” based on your belief that you have sufficient financial support. The question is whether you are EXEMPT from the public charge ground of inadmissibility. Most applicants are not exempt.
If you answer “yes,” you must complete all subsequent questions about household, assets, and income. If you answer “no” but are not exempt, you risk an RFE or denial.
Guidance from Saluja Law: How to Avoid Risky Errors
Here are our recommended steps when preparing your Adjustment of Status application:
1. Carefully read and follow the instructions of the form.
2. Determine whether you are subject to the public charge inadmissibility ground or exempt.
3. Double‑check all your answers for accuracy.
4. Include all required supporting evidence.
5. Have an attorney review the form before submission to avoid omissions.
Why This Matters Now
With USCIS's renewed emphasis on strict compliance, the agency is increasing scrutiny on proper completion of the Adjustment of Status form—including the public charge section. A minor omission can become a barrier. Saluja Law emphasises proactive preparation: the more precise your filing, the fewer risks of delay, RFE, or denial.
Final Thoughts
Your dream of becoming a lawful permanent resident deserves the utmost care in your paperwork. At Saluja Law, we urge applicants to give special attention to the public charge section of the Adjustment of Status form. It's not ancillary—it's central to your eligibility review.
If you'd like a consultation to review your form or verify your responses, please contact our office.
Saluja Law – Your partners in navigating U.S. immigration with clarity and confidence.