Dom Doug
Aug 22, 2023
mistake on I 485
so I was made aware of a mistake I made after submitting my I 485 for the question that asked about "will you be subject to public charge" so I selected "no" but after submitting my application I found out the answer should have been yes. did anyone else made this mistake? if yes, did you try fixing it or what have you done?
I'm not sure what to do...
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Kristen BAug 22, 2023
@Dom Doug USCIS has a typographical error tool
Eve eve evaAug 22, 2023
yes i made the same mistake and would like to know how to correct it
Kimberly L🇹🇹Aug 22, 2023
I could be wrong but doesn’t public charge make you inadmissible for a GC? Public charge means that you will at some point need government assistance. Maybe am wrong and your case is different.
rise 06Aug 22, 2023
public charge means you will depend on government assistance, if you say that they we denied your application
L RAug 22, 2023
@Dom Doug You can upload a letter explaining this error and an updated I-485 to your USCIS online account. If not they will send you an RFE to fix this error. You can look it up on Reddit (USCIS community) a couple of people have had this issue.
L RAug 22, 2023
@Kimberly L🇹🇹 @rise 06 Everyone is subject to the public charge which is why you have to put “YES.” The only people exempt from the public charge are people applying for or granted asylum, refugee status, or TPS.
rise 06Aug 22, 2023
@L R No if you a public charge they will denied your application, United States don’t want new immigrants depending on the Government, that’s why they need you to have someone do an affidavit of support, if you a public charge it’s automatically denial.
L RAug 22, 2023
@rise 06 But you still have to put “YES” to that question. Just because you put “YES” to the question doesn’t mean your case will automatically be denied.
rise 06Aug 22, 2023
@L R you don’t need to put yes, I guess you did the form yourself, some things you need help from lawyers these are some of the common mistakes that make people applications be denied, you got to understand the question before answering or seek legal help. answering yes to that the Governments have the right to denied your benefits, because you are going to be a burden to the Government which they don’t want.
Rizs rockerAug 22, 2023
This should not stop you from getting your green card especially if you are working or has someone supporting you.This was a harsh rule implemented by Trump and the Government had stop following it in 2021 however a new rule took if in December 2022 but DHS I believe is not applying this to all immigrants
L RAug 22, 2023
@rise 06 That’s why I said some people don’t have to answer yes. I obviously did my research when filing the form. Just because you hire a lawyer doesn’t mean they are always right, lawyers make mistakes too.
L RAug 22, 2023
@rise 06 This stament is from a lawyer: Part 8, Question 61 asks whether the applicant is subject to the public charge ground of inadmissibility under INA § 212(a)(4). Note that the question does not ask if the applicant is likely to become a public charge. Do not mistakenly answer “no” based on your assessment that the applicant has filed a sufficient affidavit of support and will not be found inadmissible. The question is whether the applicant is EXEMPT from the public charge ground of inadmissibility. Most applicants are not exempt. The applicants who are exempted from the public charge ground of inadmissibility are listed in 8 CFR § 212.23(a). The most common applicants for adjustment of status who are exempt include the following:
Asylees and refugees
Cubans applying under the Cuban Adjustment Act
VAWA recipients • Afghan and Iraqi interpreters/employees of U.S. government
Special Immigrant Juveniles
T and U visa recipients
Also exempt are applicants/re-registrants for Temporary Protected Status (TPS). But TPS, like the Deferred Action for Childhood Arrivals (DACA) program, does not offer a path to permanent resident status.
rise 06Aug 22, 2023
@L R Okay I may be wrong
L RAug 22, 2023
@rise 06 No worries, I understand the way they word it makes you think the answer is No. You can check this YouTube video, she explains this question: https://youtu.be/_gQw1cl756M
rise 06Aug 22, 2023
@L R ok thanks
O OAug 22, 2023
@L R how can one correct this mistake if he already submitted? thanks
L RAug 22, 2023
@O O If you have a lawyer you should let them know so they can fix this error. Otherwise, you can wait for the RFE or write a letter stating this error with an updated I-485 (You need to write your initials and date next to the question 61 or any other answer you change). You can upload this to your USCIS account under unsolicited evidence for I-485.
L RAug 22, 2023
@O O This link shows someone who received that RFE. https://www.reddit.com/r/USCIS/comments/15229yx/rfe_for_not_updating_public_charge_of/?utm_source=share&utm_medium=ios_app&utm_name=ioscss&utm_content=2&utm_term=1
O OAug 23, 2023
@L R Firstly, thank you for the response and link. Secondly, do they normally send RFE for such?
L RAug 23, 2023
@O O You’re welcome! Not sure the answer to that question. But my guess is yes since that post was 36 days ago, so it was recently.
Ice CreamAug 23, 2023
L R is right. The question is not asking whether you are a public charge. The question is asking whether you are a subject to public charge rule.
Dom DougAug 23, 2023
@L R I think you are right.
Matt FAug 23, 2023
People should avoid answering questions that they do not know the answer to. @rise 06 The question does not ask if the applicant will become a public charge, rather it asks 'Does the applicant have an exception to the rule?' If you read the instructions that guide you through the i-485, you will realize that for most applicants, the answer should be 'Yes'.
As mentioned above, exceptions to the public charge rule include asylees, refugees, VAWA applicants, T and U visa applicants, DACA etc. All other regular applicants must select 'Yes' because they are not excempt
Dom DougAug 29, 2023
@L R thank you so much. I used the response you posted and uploaded in the unsolicited evidence as you said. I did this on the 23rd and on the 25th an agent told me they approved my case. approval notice was posted on the 26th. you are God sent. may God continue to bless you. 🙌
L RAug 29, 2023
@Dom Doug Congratulations! I am very glad you got your approval. Thank you and may God also continue to bless you on your journey 🙏🏼
