USCIS Changes to Affidavit of Support Form Allow Credit Report Requests

Immigration officials in the United States can now request credit reports for individuals sponsoring family members seeking a green card. This change, announced by the U.S. Citizenship and Immigration Services (USCIS), impacts the Form I-864, also known as the affidavit of support. The new regulations took effect immediately in August.

Key Changes to Form I-864

The updated form introduces a privacy release provision. Sponsors agree to let USCIS access information from consumer agencies. However, the agency has not disclosed how it will use this data. This move aligns with previous changes under the Trump administration, which critics argue complicates the green card process.

Financial Requirements for Sponsors

Sponsors must meet financial criteria, proving their household income is at least 125% of the U.S. poverty level for their household size. This includes the sponsor, dependents, other relatives, and the immigrant. Those on active military service face a lower requirement of 100% when sponsoring a spouse or child.

Financial capability is typically shown through tax returns and other documents such as birth certificates or passports.

Impact of Credit Report Access

USCIS’s change requires sponsors to be responsive to requests to release credit or security freezes. However, there is no explicit requirement for a minimum credit score, nor has the agency detailed the specific information it will seek.

Law firm Arce Immigration Law suggests that clarity may come with further guidance. While the credit check might sound like the process for a bank loan, it is unclear if a low credit score will directly impact sponsorship eligibility.

Boundless suggests families await further guidance before making assumptions. A credit report might add unpredictability, potentially complicating the sponsorship for couples.

Brian Hunt from Fragomen law firm mentions that while sponsors must now authorize credit inquiries, it’s uncertain how this data might influence future regulatory actions. Speculation exists that it could relate to assessing future public benefit dependence by sponsored immigrants.

As USCIS continues to implement this change, sponsors are advised to stay tuned for more detailed instructions.