DHS Withdrawing I-864 Proposed Rule

On March 19 2021, the U.S. Department of Homeland Security announced that it is withdrawing the proposed rule regarding the I-864 Affidavit criteria. U.S. Citizenship and Immigration Services (“USCIS”) uses the I-864 or I-864EZ Affidavits when a foreign national applies for permanent residency through status adjustment (I-485 Form). The U.S. State Department (“State Department”) uses the I-864 or I-864EZ Forms when a foreign national applies for an immigrant visa at a U.S. embassy or consulate (“consular processing“). USCIS and the State Department use the I-864 or I-864EZ Forms to determine if an applicant’s sponsor can adequately support the foreign national if necessary. During the I-485 and immigrant visa application processes, USCIS and consular officers review the sponsor’s employment, tax, and other financial information.