DHS Withdraws Proposed Rule on Affidavits of Support

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By Kirti Kalra

On March 19, 2021, the Department of Homeland Security (DHS) announced that it would withdraw the proposed rule, Affidavit of Support on the Behalf of Immigrants. This move is consistent with President Biden’s Executive Order 14012, which called on the DHS to remove barriers to legal immigration to the United States.

Background on the rule

US citizens, nationals, or green card holders are required to sign a Form I-864, Affidavit of Support when they sponsor certain family members as immigrants to the United States. The sponsoring family member agrees to accept responsibility for the applicant’s expenses.

The proposed rule on affidavits of support followed an October 2, 2020 presidential memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens. The rule would have required US sponsoring family members to provide tax returns, banking information, and credit reports when filing an affidavit of support on behalf of their immigrant relative. The proposed rule would have created an estimated $2.4 billion burden on individuals signing affidavits of support.

Conclusion

Form I-864, Affidavit of Support will not change. Individuals sponsoring their family members for US immigration can continue to provide evidence required before October 2, 2020. For case-specific questions, or for help sponsoring a family member, please contact your trusted Chugh, LLP attorney.

 

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