The Department Of Homeland Security Has Proposed Changes To The Affidavit Of Support, Form I-864. This Is What You Need To Know If You Are In The Process Of Petitioning For A Family Member

Background: An Affidavit of Support, Form I-864, is required for most family-sponsored immigrants and some employment-based immigrants.  The Affidavit of Support creates a contract between the sponsor and the U.S. government, whereby, the sponsor agrees to provide financial support to the immigrant and that the sponsor would be liable for any reimbursement obligation incurred as a result of the sponsored immigrant receiving means-tested public benefits (such as SNAP, TANF, Medicaid, Housing Assistance, Cash Assistance…)

Proposed Changes:  The most notable changes to the Form I-864, I-864A and Form I-864EZ includes:

  • Relationship between sponsor and the immigrant is now being requested, consistent with USCIS and DOS tending to prefer family as sponsors even though it is not legally required;
  • Sponsor bank account information is now required. This extremely sensitive information will undoubtedly discourage people from wanting to complete this form;
  • Soliciting more information about previously sponsored immigrants;
  • Optional credit report information;
  • Greatly expanded sponsor certification portion that more clearly explains the sponsor’s legal obligations; and
  • Requires a sponsor to have the form notarized.

What Does This Mean? The Department of Homeland Security States that they are collecting this information as a way to standardize the evaluation of sponsor eligibility.

However, the changes are consistent with the implementation of the public charge rule and attempts to restrict family-based immigration. For example, the new language in the sponsor certification section of the form states that, “Form I-864 may be made available to any Federal, State, or local agency that may receive an application from the [sponsored immigrant]”. Emphasis added. This language is troublesome at best. Considering the fact that the form is requesting more and more sensitive information, which tends to discourage people from completing the process, it places additional risk on the part of the sponsor if their information is inappropriately shared.

Although the changes may seem small individually, each change imposes new and burdensome requirements that overall restrict people from applying for benefits and create new ways to deny them benefits

Share Your Thoughts: Public comments on the proposed changes, according to USCIS, “are encouraged and will be accepted until May 11, 2020.” Comments can be submitted online at regulations.gov with reference to OMB Control Number 1615-0075, agency name/Docket ID USCIS- 2007-0029.