USCIS Proposed Changes to Affidavit of Support
USCIS has recently proposed significant changes to the Form I-864 (Affidavit of Support) and other related forms I-864A and I0864EZ. The first proposed change is for U.S. citizens and lawful permanent residents who are sponsoring a foreign spouse or relative for green cards to disclose detailed bank account information to the federal government. This includes the banking institutionâ€™s name, the account number, routing number, and account holder names. Note that U.S. legislation does not authorize USCIS to collect such information.
As a reminder, the Form I-864 (Affidavit of Support) is required for most immigrants seeking a green card in the U.S. based on marriage and family petitions in order to demonstrate that they will be financially supported and not become a public charge. This form is also sometimes required for immigrants seeking green cards based on employer sponsorship. Normally, sponsors must provide evidence of their income by submitting copies of their recent federal tax transcript or return, as well as any other financial statements or evidence of future outcome. The new USCIS proposal would change this process.
Almost a year ago on May 23rd, 2019, President Trump issued the Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens. In the presidential memo, President Trump emphasized that individuals financially sponsoring alien green card applicants must completely fulfill their commitments under the law. In response to this memo, USCIS focused on better informing sponsors and household members on the implications of their financial obligations. For instance, language in these forms has been modified to ensure clarity regarding sponsor obligations and consequences if the sponsorâ€™s responsibilities are not met. These are included in an extended â€œSponsorâ€™s Certificationâ€ section as well as a â€œHousehold Memberâ€™s Contract, Statement, and Certification.â€ Moreover, the draft of this new form informs sponsors of a civil penalty imposed by the USCIS if the sponsor does not inform the USCIS within 30 days of moving. Additionally, this new Affidavit of Support also asks sponsors to list people who not actively living with the sponsor (such as college students that are not living at home), which will consequently increase the income requirement as the household size increases.
Forms I-864 will also allow sponsors to provide information about previously submitted Affidavits and an optional submission of a credit report as evidence. USCIS is also proposing to require U.S. citizens and permanent legal resident sponsors to notarize forms I-864, I-864A, and I-864EZ by a notary public prior to submission to USCIS. These proposed changes will create a burden for sponsors. This may deter them from accepting to be sponsors, which will likely impede some individuals from immigrating.
Finally, the new form requires that the sponsor agree to allow the Social Security Administration (SSA) and other agencies to share information with the Department of Homeland Security (DHS) and the Department of State. If the alien applicant applies for means-tested public benefits, the sponsorâ€™s privacy can be waived to a greater extent. The new form is stricter in its warning that improperly completed forms, or forms missing proper evidence, may be denied.
No effective date has been published, and this will come with the final rule. USCIS accepted public comments for these revisions during a thirty-day period that ended on May 11, 2020. Because the comment period for the rule is closed, the state will now review public comments and publish a final rule within the coming months. Note that if passed, this proposal will only impact applications filed on or after the effective date of the rule.