USCIS to Tighten Rules for Sponsoring Immigration of Relatives to the United States

The Department of Homeland Security (DHS) has drafted a regulation that will make it easier to hold immigrant sponsors accountable for failing to meet commitments made to the US federal government. Reported by USCIS.

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This rule is coordinates department policy with by presidential decree signed in May 2019, on strengthening the legal responsibility of sponsors of foreigners.

“Reforming the immigrant sponsorship process will better protect American taxpayers and ensure that aliens do not rely on government resources. In addition, this rule will strengthen accountability for those who fail to provide financial support to the aliens they sponsor, said US Citizenship and Immigration Services (USCIS) Deputy Director Joseph Edlow. “The Department will continue to advance the President's directive to properly enforce immigration laws and ensure that the federal government is compensated when sponsored aliens receive public benefits.”

The proposed update requires US citizens and lawful permanent residents who choose to sponsor an immigrant to file Form I-864 or I-864EZ (as applicable). The sponsor's credit reports and credit rating, certified copies of his tax returns for the past three years, and bank account information should be provided with the document. This data should demonstrate that the sponsor is truly capable of fulfilling its financial obligations to support the immigrant.

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If the applicant is found to have received social security benefits within 36 months of filing Form I-864 or have not fulfilled their previous sponsorship obligations for the immigrant, they will have to enlist the support of another sponsor who has not received any benefits during that time.

Other proposed changes include removing the subpoena requirement before USCIS can provide all the information it needs to benefit agencies and other parties authorized to bring civil action against defaulting immigrant sponsors.

The affidavit signing process is required for most immigrants at family reunification and for some immigrant work visa applicants to show that they have adequate financial support and are unlikely to become "A burden to society".

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