NEW STRICTER RULES PROPOSED FOR MEETING PUBLIC CHARGE REQUIREMENTS

Posted September 22, 2018

The Department of Homeland Security has issued proposed rule changes that will significantly expand requirements under INA §212 for immigrants and nonimmigrants to demonstrate that they have not in the past, and are not likely in the future, to receive public benefits.  The new proposed rules will be published in the Federal Register and then opened for a 60-day public comment period before implementation.

The new rules will directly impact the Affidavit of Support requirement (forms I-134 and I-864) under INA §213A.  Of particular importance is the creation of a subjective ‘totality of circumstances’ test, in addition to new paperwork requirements demonstrating income self-sufficiency, that will very likely translate into increased denial rates for immigrant visas, certain nonimmigrant visas (including student and fiance visas), requests for extensions and changes of nonimmigrant status, and adjustments of status.

The prop0sed rule changes can be read here.  Check back for updates as the immigration legal community works to understand and explain these burdensome new changes on the horizon.

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I-864 Affidavit of Support: Overview and Best Documents to Evidence Income or Assets

Posted July 31, 2013

U.S. citizen petitioners who sponsor an applicant for Adjustment of Status, a K-1 “fiance” visa or an immigrant visa must submit a USCIS form called an ‘Affidavit of Support’ (form I-864) before the adjustment can be finalized at the local USCIS district office or, in the case of a K-1 or immigrant visa application, at the U.S. consulate abroad.  The purpose of the Affidavit of Support under INA §213(A) is to provide the U.S. government reliable evidence that the adjustment or immigrant visa applicant will not seek public-charge benefits (e.g., Medicare, AFDC, Supplemental Security Income) during (generally) the first 10 years of the applicant’s presence in the United States or until they naturalize to U.S. citizenship.

The qualifying amount of income is 125% of the Department of Health and Human Services’ most recent federal poverty guidelines for the sponsor’s household size (100% for active duty military).  you can find 2015 poverty guidelines here. 

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