The U.S. Citizenship and Immigration Service (USCIS) is in the process of finalizing a new version of the Form I-864. (USCIS periodically revises all of it’s forms). A preview of the draft form reveals some important changes. You can download the draft form here: I-864 (2015 revision). The official rule-making notice is available here.
The official Supporting Statement submitted by USCIS reports that 439,500 sponsors complete the Form I-864 each year. That’s a lot, but not surprising since it’s required in all family-based cases. Here are some notes about the revisions.
Reduced privacy protections for sponsors?
The new Form provides:
. . .I authorize the release of any information from any and all of my records that USCIS may need to determine my eligibility for the benefit that I seek.
This broad language is probably mostly for the purpose of allowing USCIS to share information with other immigration agencies – specifically the Department of State for use in visa processing. But the next paragraph seems to go even further:
I furthermore authorize release of information contained in this affidavit, in supporting documents, and in my USCIS record to other entities and persons where necessary for the administration of U.S. immigration laws.
To date it appears that USCIS typically takes the position that the federal Privacy Act prevents disclosure of a signed I-864 to the immigrant beneficiary. (There are reasons this could be wrong, but we’ll leave that aside). Since the I-864 contains the sponsor’s personal information, USCIS typically says the document cannot be disclosed to the sponsored immigrant under the Freedom of Information Act (FOIA). But it appears this new paragraph could waive a sponsor’s protection under the Privacy Act. This could make it easier for an immigrant-beneficiary to secure the signed I-864 for use in litigation against the sponsor.
In its public comments to the proposed new Form, the American Immigration Lawyers Association (AILA) has this to say:
While we agree that USCIS has the authority to obtain records related to the sponsor that are maintained by other agencies within the Department of Homeland Security and the State Department, this statement seems to go beyond the acceptable parameters. We do not believe that the sponsor should be compelled to allow USCIS to retrieve non-public information or release the sponsor’s information to any branch of the U.S. government, private companies, or the governments of foreign countries. We strongly object to this provision, and ask that it be revised to protect the privacy interests of sponsors.
At least AILA thinks the new provisions may be in part unlawful: “This section. . . is overbroad, and may violate privacy laws.”
Note also: it’s odd that the Form talks about the “benefit that [the sposor] seek[s].” Usually the term benefit refers to a status – like residency – conferred by immigration agencies. I suppose it has to be interpreted here to refer to the benefit of permitting the immigrant-beneficiary to complete the immigration process. As AILA notes, “A Form I-864 sponsor is not necessarily seeking a benefit, so this statement should be revised.”
Reminder of penalties.
The new Form specifically tells sponsors to look at the discussion of penalties in the Form I-864 official instructions. There are no new penalties; the Form just now draws attention to the discussion. Basically, penalties can be levied for:
- Lying on the Form (this can include criminal punishment);
- Failing to report a change of address after filing the form; and
- Concealing the sponsor’s whereabouts to avoid responsibility for repaying means-tested public benefits received by the immigrant.
I-864A also revised (for household members).
USCIS has also revised the Form I-864A, used by household members of an I-864 sponsor to make their income available for calculation purposes. Individuals who sign an I-864A have the same liability as the sponsor who signs the I-864. The revised I-864A is more detailed than the old version, and looks more like the I-864. The additional length is likely to cause more time and work for everyone.
New “Certification” section on the Form I-864
[Most of the language in the new “certification” section appears in the old Form I-864, but has been reorganized under this heading]
Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may require that I submit original documents to USCIS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS may need to determine my eligibility for the benefit that I seek.
I furthermore authorize release of information contained in this affidavit, in supporting documents, and in my USCIS record to other entities and persons where necessary for the administration of U.S. immigration laws.
I certify, under penalty of perjury, that the information in my affidavit and any document submitted with my affidavit were provided by me and are complete, true, and correct.
A. I know the contents of this affidavit of support that I signed.
B. I have read and I understand each of the obligations described in Part 8., and I agree, freely and without any mental reservation or purpose of evasion, to accept each of those obligations in order to make it possible for the immigrants indicated in Part 3. to become lawful permanent residents of the United States;
C. I agree to submit to the personal jurisdiction of any Federal or state court that has subject matter jurisdiction of a lawsuit against me to enforce my obligations under this Form I-864;
D. Each of the Federal income tax returns submitted in support of this affidavit are true copies, or are unaltered tax transcripts, of the tax returns I filed with the U.S. Internal Revenue Service; and
E. I authorize the Social Security Administration to release information about me in its records to the Department of State and U.S. Citizenship and Immigration Services.