USCIS Has Revised It’s Policy

In a memorandum on November 23, 2005 , Michael Aytes, Acting Director for Domestic Operations, notified adjudicators that the requirements would change regarding the Affidavit of Support (Form I-864). The Affidavit of Support is most often used in family based petitions where one family member sponsors another. Previously, petitioners filed copies of their Federal tax returns for the three years leading up to the date of the petition. Effective immediately, Mr. Aytes’ memorandum requires that the sponsoring petitioner only file the most recent tax return. The memorandum revises and clarifies the following issues regarding the I-864/Affidavit of Support: n A USCIS adjudicator may also decide that a request for evidence is not necessary in a case in which the sponsor filed a photocopy of the tax return, instead of a tax transcript, but did not submit the Forms W-2 or 1099. n A decision not to issue a RFE for the W-2 or 1099 will be proper if the officer concludes that the evidence of record, taken as a whole, establishes that the information on the tax return is true and correct. n A USCIS officer may determine the sufficiency of the Form I-864. This determination is based on whether the sponsoring petitioner has the means to maintain an annual income at the threshold level set by the I-864 Poverty Guidelines. n The USCIS officers should judge the income information against the poverty guidelines applicable at the time of submission. If the information on the tax return establishes that the sponsor’s current income meets the threshold set forth in the Form I-864/ Poverty Guidelines, the adjudicators shall determine that the Form I-864 is sufficient without requesting any further evidence. n The adjudicator should request additional evidence (ie. Employment letters, pay stubs, or other financial data) only if the tax return reflects income below the Poverty Guidelines and the record does not already contain additional evidence that would establish the sponsor meets the current income requirements or if a specific reason (other than the passage of time) to question the veracity of the income stated on Form I-864 or the accompanying documents. Additionally, previously the USCIS has permitted each local office to establish its own policy on whether to require submission of Form I-864 at the time of filing for adjustment or at the time of the adjustment interview. Effective with the publication of this memorandum, all applicants are now required to submit Form I-864 with their adjustment application. If the case was filed prior to this policy change at an office that required submission at the time of the adjustment interview the adjudicator should allow the applicant to submit I-864 and the required supporting documentation at the interview. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]