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Department of Homeland Security (DHS) Withdraws Proposed Changes to Form I-864, Affidavit of Support

On March 19, 2021, the Department of Homeland Security (DHS) announced that it will be withdrawing the proposed rule for Form I-864, Affidavit of Support (See October 8, 2020 Blog Post). This is consistent with President Biden’s Executive Order 14012, which requests that DHS remove barriers to legal immigration to the United States.

U.S. citizens, U.S. nationals, and lawful permanent residents who are sponsoring certain family members to the United States must fill out and sign Form I-864, Affidavit of Support. The purpose of the Affidavit of Support is to show that the sponsor has adequate means of financial support and that the sponsored immigrant(s) are not likely to become a public charge.

The October 2, 2020 proposed rule required U.S. citizens, U.S. nationals, and lawful permanent residents, who are sponsoring an immigrant to the U.S., to provide additional financial information such as tax returns, banking information and credit reports. The proposed rule to I-864, Affidavit of Support also required a sponsor who has received means-tested public benefits within the last 36 months of submitting the form, to be backed by a joint sponsor who has not received such benefits during that time.

The proposed rule would have made it difficult for some U.S. citizens and lawful permanent residents to meet the financial requirements proposed under the rule and sponsor immigrants to come to the U.S. With the new administration, DHS and USCIS are committed to reducing the barriers that immigrants face within the legal immigration system. DHS withdrawal of the proposed rule is a step towards that goal.

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