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DHS has Withdrawn its Proposed ‘Affidavit of Support’ Rule

March 20, 2021

DHS has withdrawn its proposed ‘Affidavit of Support’ rule. The withdrawal from the rule is consistent with DHS’s stated commitment to reduce barriers within the legal immigration system. DHS found the Affidavit of Support rule placed increased burdens on American families wishing to sponsor individuals immigrating to the U.S. The proposed rule would have changed the evidentiary requirements for U.S. citizens, U.S. nationals, and lawful permanent residents wishing to sponsor an individual immigrating to the U.S. by completing an affidavit of support under Section 213A of the Immigration and Nationality Act (INA) on behalf of the intending immigrant.

USCIS has updated its guidance regarding the rescission of the public charge rule and has updated several forms to reflect this change. Starting April 19, 2021, USCIS will only accept the new forms. USCIS is implementing the 1999 field guidance regarding any application of adjustment of status that was pending or received after March 9, 2021