USCIS Updates Sponsor Requirements for Green Card Applications

U.S. Citizenship and Immigration Services (USCIS) has announced updates allowing immigration officials to request credit reports from individuals sponsoring family members for green cards. These changes affect Form I-864, also known as the affidavit of support, which is signed by sponsors accepting financial responsibility for applicants moving to the United States.

Immediate Implementation of Changes

The revisions to Form I-864 were enacted immediately following their announcement in August. USCIS now includes a privacy release authorizing the agency to request information from consumer agencies. Specific details on how this information might be utilized remain unspecified.

Xiao Wang, CEO of Boundless, noted that while sponsors have traditionally been required to meet income and asset requirements, the recent modifications introduce the potential for consumer report data consideration.

Current Requirements for Sponsors

Sponsors already need to adhere to certain financial requirements under USCIS regulations. They must demonstrate that their household income is at least 125 percent of the U.S. poverty level corresponding to their household size, which includes the sponsor, dependents, relatives residing in the home, and the sponsored immigrant. Sponsors serving in the U.S. military must meet a lower threshold of 100 percent of the federal poverty guidelines when sponsoring a spouse or child.

Financial capacity is typically proven through documents such as federal income tax returns. Additional supporting documents might include birth certificates, passports, or green cards.

Implications of the Changes

USCIS has stated that the privacy release allows the agency to request information from consumer reporting agencies. Sponsors with credit or security freezes may face difficulties in accessing necessary information for Form I-864 assessment. USCIS advises sponsors to promptly respond to requests to release freezes.

Currently, there is no requirement for sponsors to meet a specific credit score nor has there been clarification on the exact information sought from consumer agencies.

An analysis by Arce Immigration Law highlighted that the use of consumer information by officers might become clearer with further guidance from USCIS. While the phrase ‘credit check’ suggests a comparison to mortgage applications, the announcement does not go that far.

Boundless urges sponsors to await more guidance, as meeting historical income and asset requirements provided families with a clear target. The recent update opens the possibility of using consumer report information without established standards, which could pose unexpected challenges due to issues like credit card payment delays, identity theft, or credit file errors.

Brian Hunt from Fragomen explained that the change requires sponsors to authorize USCIS to acquire their credit scores during the sponsorship application process. Although the government has not clarified the use of credit scores, observers speculate that such data could serve to analyze correlations between sponsors’ credit scores and immigrant reliance on government benefits, potentially influencing future regulatory decisions.