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Immigration Law

USCIS Proposes More Burdensome Affidavit of Support Requirements

Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020

"Changes to the Form I–864 and Form I–864EZ include collection of bank account information from sponsors, information about previously submitted Affidavits, and optional submission of a credit report as evidence. Language throughout the forms was modified to ensure greater clarity regarding the sponsor’s obligations. USCIS also added additional language under the ‘Sponsor’s Certification’ section of the forms further outlining the sponsor’s obligations and the consequences of submitting Form I–864 and Form I– 864EZ. Changes to Form I–864A include collection of bank account information from household members and optional submission of a credit report as evidence. USCIS also added additional language under the ‘Sponsor’s Certification’ section, plus the ‘Household Member’s Contract, Statement, and Certification’ section of the form further outlining the sponsor’s and household member’s obligations and the consequences of submitting Form I–864A. USCIS further added a separate interpreter and preparer section for the sponsor on Form I–864A. USCIS will now also require that Form I–864, Form I–864EZ, and Form I– 864A be notarized prior to submission to the agency. USCIS has made changes to the Instructions for Form I–864, Form I– 864EZ, and Form I–864A adding language to more thoroughly explain the purpose of the forms, the sponsor’s and household member’s obligations as a result of the forms being accepted by USCIS as sufficient and the support obligations taking effect, and the consequences if the support obligations are not met. The requirements regarding which children immigrating based on adoption need to submit a Form I–864 executed on their behalf is now outlined in greater detail; which of these children can have a sponsor execute a Form I– 864EZ on their behalf is also outlined in greater detail. USCIS also added a section to list and explain the eligibility requirements for being a sponsor. Language explaining the age limitations for spousal relationships involving a minor was also added."

See the changes here, here and here.

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