-
Original Date Announced
October 2, 2020DHS is proposing changes to its regulations governing the affidavit of support requirements under INA section 213A. The proposed changes will clarify how a sponsor demonstrates the means to maintain income as required under section 213A(f)(6) of the Act by revising the documentation that sponsors and household members must submit to meet this requirement. The proposed changes would also make it so that a sponsor’s prior receipt of any means-tested public benefit or a sponsor’s failure to meet support obligations on another executed Affidavit will impact the determination as to whether the sponsor has the means to maintain the required income threshold.
USCIS also proposes to modify when an applicant is required to submit an Affidavit from a joint sponsor, who qualifies as a household member for purposes of executing a Contract Between Sponsor and Household Member, and who is considered part of a sponsor’s household. Lastly, USCIS proposed to update reporting and information sharing requirements between authorized parties and USCIS.
This USCIS proposal entails revisions to related Forms I-864, I-864EZ, I-864A, Form I-485 and supplements. The proposal would also create new Form G-1563, Request for a Certified Copy of Affidavit of Support, which may be used by a sponsored individual, a federal, state or local government agency, a sponsor, or a household member to request a copy of an Affidavit of Support or Contract, provided that the requestor can demonstrate that he or she is authorized to receive a certified copy.
[ID #1072]
Notice of Proposed Rulemaking Form G-1563 Proposed changes for Form I-864A Proposed changes for Form I-864EZ Instructions Proposed changes for Form I-864EZ Proposed changes for Form I-864 Instructions Proposed changes for Form I-864 Proposed changes for Form I-485Biden Administration Action: Revoked/Replaced
March 19, 20212021.03.19 DHS Withdraws 'Affidavit of Support' Proposed Rule
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On March 19, 2021, DHS announced that it would withdraw the proposed rule, "consistent with DHS's commitment to reduce barriers within the legal immigration system that placed increased burdens on American families wishing to sponsor individuals immigration to the U.S."
View DocumentCurrent Status
Not in effectMost Recent Action
March 19, 2021 Action: Revoked/Replaced 2021.03.19 DHS Withdraws 'Affidavit of Support' Proposed RuleMarch 19, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: ProposedTrump Administration Actions: Forms and Information Collection RuleSubject Matter: Immigrant VisasAssociated or Derivative Policies
Commentary
USCIS' Changes to ‘Affidavit of Support’ Make It Harder for Americans to Sponsor Immigrant Family Members
Go to article on immigrationimpact.com