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.