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DHS/USCIS RIN: 1615-AC39 Publication ID: Spring 2020 
Title: Affidavit of Support on Behalf of Immigrants 
Abstract:

An affidavit of support filed in accordance with INA 213A is required for most family-based immigrants and some employment-based under INA 212(a)(4). An Affidavit of Support is a legally enforceable contract between the sponsor that completes the affidavit and the U.S. Government. A sponsor must show on the affidavit that he or she has enough income and assets to maintain the intending immigrants and the rest of the sponsor’s household at 125 percent of the Federal Poverty Guidelines. If an immigrant sponsored in the affidavit receives certain public benefits, the public benefit granting agency providing the benefit may request that the sponsor repay the cost of those benefits. That agency can also sue the sponsor for failure to repay the benefits.
 
DHS intends to update regulations at 8 CFR 213a by aligning the requirements with the statutory provisions and amending sponsorship requirements to better ensure a sponsor has the assets and resources to support the intended immigrant at the statutorily required level. DHS also intends to update the provisions concerning household income and which household members may execute a Contract Between a Sponsor and Household Member. DHS further intends to update the provisions to allow the public benefit granting agencies to more easily obtain information from USCIS in order to seek reimbursement from a sponsor when the sponsored immigrant has received public benefits.

 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 213a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: INA sec. 213A   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Mark Phillips
Chief, Residence and Naturalization Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 20 Massachusetts Avenue NW,
Washington, DC 20529
Phone:202 272-8377
Fax:202 272-1480