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I-485 Public Charge - Yes or No?

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  • I-485 Public Charge - Yes or No?

    I am presently holding a TN visa, and my employer is in the process of obtaining my green card.

    The I-140 petition has received approval, and I have now been instructed to complete forms I-485, I-485 Supplement J, I-765, and I-131. I am sharing these details with you in case they are pertinent.

    While completing form I-485, specifically on Page 13, Part 8, Item 61 regarding the Public Charge, my attorney suggested "Yes." I am seeking guidance on whether this is the correct selection.

    I am the principal applicant, and the attorney suggested "Yes." for my spousal/Children I-485s.

    Your advice on this matter is greatly appreciated.

    Thank you.​

  • #2
    I already answered you on another forum, but here it is again in case others have the same question:

    You must answer "Yes" for that question on all of your I-485s. Almost all categories of immigrants, including family-based, employment-based, DV, etc. are subject to the public charge ground of inadmissibility; only some exceptional categories like refugees and asylees are exempt from the public charge ground of inadmissibility. See 8 USCIS-PM G.3(B).​​

    This is my personal opinion and is not to be construed as legal advice.

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