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DHS Proposes Additional Evidence Requirements for Family-Based Petitioners

Updated: Nov 3, 2020

The Department of Homeland Security proposed additional evidence requirements for form I-864. DHS accepted public comments on the proposal, and the comment period ended today.

The proposed additional evidence includes:

· Petitioner’s credit report

· Petitioner’s credit score

· Certified copies of petitioner’s income tax returns for the past three years

· Petitioner’s bank account information

Additionally, if the petitioner has used certain public benefits within the past 3 years they have to be backed by another joint sponsor who has not used those public benefits.

Under the new rule, if the petitioner has ever failed to financially support to an immigrant they sponsored in the past, they will have to be backed by another joint sponsor. This joint sponsor must not have used certain public benefits during the past 3 years.

For many years, the Department of Homeland Security has required individuals immigrating to the United States to give proof of financial resources. Every person who submits a petition for a family member to receive a green card must fill out USCIS form I-864. Currently, they must also submit evidence including tax returns for the past year, pay stubs, and a letter confirming their employment and salary.

When the Department of Homeland Security proposes changes like this one, the public has an opportunity to submit comments on the proposals. Once the comment period ends, DHS will review and consider public comments before enacting the changes. DHS will still accept comments on specific changes to the actual form I-864 through December 1, 2020.



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