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Form I-945: The Complete Guide

Immigration Attorney Atlanta Jameel Manji author 1Author: Jameel Manji, Founder, Manji Law, P.C.

Mr. Manji founded Manji Law in 2016 to follow his passion of helping people navigate the complicated immigration system. Mr. Manji graduated from Georgia State University College of Law and received Master of Taxation from the Georgia State’s J. Mack Robinson College of Business. Published on: March 09,2020, Last Updated on: March 25, 2020.

I-945 is a form used to submit a public charge bond under the new (as of 2020) “Inadmissibility on Public Charge Grounds” rule.

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Jameel Manji, Manji Law

Manji Law is your complete immigration solution. If you are seeking assistance with the Form I-945, please give us a call. Manji Law can provide valuable insight, assistance, and a guiding hand to help you achieve your goals.

What Is I-945?

As the issues surrounding immigration continue to change and evolve, it is important to be aware of the new forms like the I-945 available on the website when navigating these already complex grounds. On Feb. 24, 2020, the Department of Homeland Security (DHS) began implementing the Inadmissibility on Public Charge Grounds final rule nationwide, including the state of Illinois. Previously, Illinois held to its own rules. Now, however, USCIS will apply the final rule to all applications and petitions postmarked (or, if applicable, submitted electronically).  

For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), the required postmark date is the date reflected on the courier receipt. 

To better understand this complicated and ever-changing field of law, contact a local immigration lawyer at Manji Law. Manji Law is a well-established and professional legal firm located in Atlanta, Georgia. Skilled and knowledgeable counselors, sympathetic advocates, and aggressive representatives, Manji Law will ensure you receive every right to which you are entitled.

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What Is the Purpose of the I 945 Form?

You should use the I 945 form if USCIS has notified you that you need to submit a public charge bond. According to current law, any person attempting to relocate to the U.S. may be determined by USCIS to be inadmissible only on the public charge grounds. However, according to (INA 212(a)(4)), he or she may be allowed to adjust status to that of a lawful permanent resident upon providing a suitable and proper bond (INA 213). This is an immigration status change only available upon invitation. Please contact a legal website for more status and filing information regarding new rules.

I-945 Form Exemptions

There are certain classes of individuals who are still exempt from requiring a submission of the I-945 form. These immigration forms include, but are not limited to, the following:

  • Asylees
  • Petitioners under the federal Violence Against Women Act
  • Refugees
  • T and U visa applicants

These specific individuals are exempt from the public charge ground of inadmissibility and do not need to complete the I-945 form. For assistance in submitting the I-945, contact a local immigration lawyer familiar with the subject.

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Understanding the I-945 Public Charge Bond

The relatively new I-945 Public Charge Bond requires certain immigrants to pay a bond, or face denial and possibly deportation from the United States. Since many immigrants are beneficiaries of spousal or parent-child filings, the US Citizen or LPR Petitioner will be expected to make this payment, as generally, the person petitioning is the one legally working in the U.S.

The bond is called a “public charge bond,” which means it will mainly target individuals that are near the 125% I-864P Poverty Level Guideline or where a petitioner does not have a consistent form of income from employment. DHS and USCIS are entirely responsible for determining when and how to use this new tool. 

A Georgia immigration attorney can help you determine if the rule applies to you and decide what steps to take to get you the best chance of successful U.S. immigration.

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Public Charge Bond

The public charge bond form I-945 will be a companion form to the I-944 form and I-485. Form I-945, Public Charge Bond, will have a $25 filing fee. Once the I-945 Instructions are released, it is highly recommended to precisely follow the instructions of the USCIS Officer and the form. It would also be a good idea to speak with an Immigration Attorney since a failure at this point could lead to immigration denial or deportation.

What Is the Public Charge Bond?

Many people navigating the complex U.S. immigration system wonder what the public charge bond really is. This is the financial amount required when you are petitioning to be allowed residence into the U.S. if officials believe you may become a financial burden. The immigration law cash or check amount is at least $8,100, with a filing fee of $25.

For example, a “Surety Bond” would enable the petitioning company to pay the majority of the amount with only a percentage paid by the Immigrant. A Surety Bond Company may require 15-percent from the immigrant, along with collateral of the $8100 payment. 

Then, if the I-945 bond is returned to the company after a few years, the total the Petitioner and Immigrant would pay would be $1215. It is a complex issue, so researching additional information about the Declaration of Self-Sufficiency can help you formulate your plan.

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Immigration Public Charge Bond

Essentially, U.S. law is working to limit the number of immigrants who become a “Public Charge,” which is why the government has passed ordinances requiring an immigration public charge bond from anyone who may pose a financial burden to the country. But, even if you are on the lower end of the income spectrum, there is still hope. Your local immigration attorney can help explore options.

When Do I Pay Bond To USCIS For Public Charge?

Talk to an attorney to determine when you need to pay a public charge bond to USCIS. Each case has a different deadline, so your circumstances will be different than your neighbor’s. It should be noted that this bond does not apply to every case. 

Filing a Bond For Public Charge

A bond for public charge rule or status may not be automatically returned. In order to cancel it, you may be required to file a Form I-356. To receive a cash or check refund, you will need to go to USCIS’s website and prove one of the following:

  • You have become a U.S. Citizen
  • You have had a Green Card for five years
  • You have permanently left the U.S.
  • You have received an immigration status not requiring a Public Charge Bond

With so many changes to the immigration issues of our times, it is wise to receive I-945 professional legal support. Contact us at Manji Law to schedule a consultation and get the most up-to-date information. We are committed to providing the best service available as you manage your path.

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