U.S. Citizenship and Immigration Services (USCIS) has introduced changes allowing immigration officials to request credit reports from sponsors of family members seeking green cards. These updates to Form I-864, known as the affidavit of support, became effective in August. By signing this form, sponsors accept financial responsibility for immigrants coming to the U.S.
The latest edition of the form includes a privacy release authorizing USCIS to gather information from consumer agencies. However, specifics on how this information will be used have not been detailed by USCIS.
Xiao Wang, CEO of the immigration service provider Boundless, noted that sponsors have typically needed to meet income and asset benchmarks. The new change potentially broadens the criteria to include consumer report data.
Understanding the full impact of this change remains challenging. Recent alterations to the green card process under the Trump administration have made obtaining a green card more stringent, according to critics.
Currently, sponsors must prove their household income exceeds 125% of the U.S. poverty line, adjusted for household size, which includes the sponsor, any dependents, and the sponsored immigrant. Active military sponsors for spouses or children have a lower threshold of 100% of federal poverty guidelines.
Sponsors typically demonstrate compliance through tax returns and may submit additional documents like birth certificates, passports, or green cards.
Impact of Credit Report Change
USCIS’s announcement noted that sponsors should swiftly respond to requests to release a credit or security freeze, as these might hinder USCIS’s ability to access necessary information for assessing the sufficiency of Form I-864.
While USCIS has not stipulated a minimum credit score or specified what consumer agency information it will seek, it has not required sponsors to include their credit rating in submitted forms.
Arce Immigration Law highlighted that more guidance from USCIS will likely clarify how officers will use this information. They cautioned that the term ‘credit check’ might suggest that immigration sponsors will be evaluated similarly to mortgage or credit applicants, although the change does not explicitly indicate this.
Boundless advised sponsors against making premature assumptions until further information is available. Meeting past income and assets requirements has offered a clear target for families. The new rules introduce uncertainty regarding consumer report standards and the potential impact of credit-related issues.
Brian Hunt from the immigration law firm Fragomen emphasized that sponsors must authorize USCIS to obtain their credit scores. Although the purpose of this information remains unspecified, it could lead to compiling data on sponsors and potential future regulatory decisions. Observers speculate this data might relate credit scores to immigrant reliance on government benefits.
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