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USCIS proposes regulatory changes to affidavit of support requirements

  1. Original Date Announced

    October 2, 2020

    USCIS is proposing changes to its regulations governing the affidavit of support requirements under INA section 213A. DHS proposes to clarify how a sponsor demonstrates the means to maintain income as required under section 213A(f)(6) of the Act, such as revising the documentation that sponsors and household members must submit to meet the requirements under section 213A(f) of the Act. USCIS proposes to modify when an applicant is required to submit an Affidavit from a joint sponsor, who may be a household member for purposes of executing a Contract Between Sponsor and Household Member, and who is considered as part of a sponsor’s household size. USCIS also proposes to update reporting and information sharing requirements between authorized parties and USCIS. This NPRM is signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf.

    This USCIS proposal also 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 Proposed changes for Form I-864EZ Instructions Proposed changes for Form I-864 Instructions Form G-1563 Proposed changes for Form I-864 Proposed changes for Form I-485 Proposed changes for Form I-864EZ Proposed changes for Form I-864A Proposed changes for Form I-864A Instructions
  3. Biden Administration Action: Revoked/Replaced

    March 19, 2021

    2021.03.19 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."

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Current Status

Not in effect

Most Recent Action

March 19, 2021 Action: Revoked/Replaced 2021.03.19 DHS Withdraws 'Affidavit of Support' Proposed Rule
March 19, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Proposed
Trump Administration Actions: Forms and Information Collection Rule
Subject Matter: Immigrant Visas
Agencies Affected: USCIS DHS


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