Affidavit of Support Rule Withdrawn by DHS

Today DHS announced that it will withdraw the proposed rule, Affidavit of Support on Behalf of Immigrants. The proposed rule was published by the Trump Administration in October 2020 along with a series of other regulations that would increase hurdles to legal immigration. The Affidavit of Support serves as an agreement by sponsors to provide financial support to the sponsored immigrant(s) and acknowledge and accept liability for any costs of public benefits an immigrant receives during the effective period. The new rule would have put increased burdens on U.S. citizen and permanent resident sponsors to demonstrate how they will maintain their income, requiring Federal income tax returns for 3 years, credit reports, credit scores, and bank account information.

DHS Press Release

On March 19, 2021, the Department of Homeland Security (DHS) announced the withdrawal of a proposed rule, Affidavit of Support on Behalf of Immigrants.

By taking these steps, DHS aims to reduce barriers and alleviate burdens on American families who wish to sponsor individuals immigrating to the U.S. within the legal immigration system.

Summary
On Oct. 2, 2020, DHS published a notice of proposed rulemaking (NPRM), Affidavit of Support on Behalf of Immigrants, in the Federal Register. This proposed rule followed a presidential memorandum issued by former President Trump on May 23, 2019, Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens. The NPRM proposed to revise DHS regulations governing affidavit of support requirements under section 213A of the Immigration and Nationality Act.

On Feb. 2, 2021, President Biden issued Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, revoking the 2019 presidential memorandum.

Consistent with the Feb. 2, 2021, executive order, DHS has withdrawn the Affidavit of Support NPRM.

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