USCIS Updates Form I-864 Affidavit of Support with New Credit Reporting Authorization

The US Citizenship and Immigration Services (USCIS) has made an overnight change to the Form I-864, which is the ‘Affidavit of Support’ filed by those sponsoring family members for a green card. From Aug 31, only the new version will be accepted for filings submitted on or after this date – no grace period is available for continued use of the older form.

American Immigration Lawyers’ Association (AILA) points out a notable change in the new version. “It includes a privacy release that authorizes USCIS to request credit related information (about the sponsor) from one or more consumer reporting agencies.”

“If a sponsor has a credit or security freeze on their consumer or credit report file, USCIS may not be able to access the information necessary to assess the sufficiency of Form I-864. To avoid any delays, a sponsor should expeditiously respond to any requests made to release a credit or security freeze,” states AILA. Consumers typically place a freeze with the major credit-reporting agencies to help prevent unauthorized accounts from being opened in their name. A freeze does not erase or damage a person's credit history; it simply limits who can access the report while the freeze is in place.

Manifest Law has posted insights on this development. Ana Gabriela Urizar, immigration attorney states that while Form I-864 was already a binding contract to support the immigrant financially, the addition made is that “USCIS can go straight to the credit bureaus to check your numbers, so sponsors should make sure their income and asset documentation actually matches what's on file before they sign."

Immigration attorneys point out that the new form does not specify any credit score that must be met. USCIS has also not announced that every sponsor will undergo a credit inquiry or that every sponsor's credit score will routinely be reviewed. While the new form does not state that a low credit score, high credit-card balances, missed payments, or a prior bankruptcy automatically disqualifies someone from being a financial sponsor, immigration attorneys add that it remains to be seen how USCIS will use its authority.

Form I-864 has traditionally focused on the sponsor's financial ability through information such as: Household size; current annual income and household income; federal tax returns; income and asset documentation to name a few. The basic financial requirement has not been replaced by a credit-score requirement. Generally, a sponsor must demonstrate income at or above 125% of the applicable federal poverty guidelines. To illustrate – this translates into $41,250 for a household of four members in the Washington DC area. With USCIS now having an additional avenue to seek financial information about the sponsor it makes the Form I-864 review broader.