USCIS I-864 Public Comments Response Matrix

Project Title
60/30 day (regulations.gov link)
FRN Citation (federalregister.gov link)
Publish Dates
Date
Comment
Posted

Date
Comment
Received

Regulations.gov
Comment ID

I-864-005 REV
60-day FRN
84 FR 55167
10/15/2019 12/16/2019
Comment
Number

Issue
Number

Matrix
ID
Number

Commenter

Comment

Final Agency Response

10/31/2019

10/30/2019

USCIS-20070029-0106

1

1

1.1

Anonymous

The consent language on
this form requires the
sponsor to "authorize the
Social Security
Administration to release
information about me in
its records to USCIS and
DOS." Isn't this exactly the
type of consent SSA says it
will not permit in SSA
regulations at 400.100 "we
will not honor a blanket
consent for all information
in a system of records or
any other record consisting
of a variety of data
elements. We will disclose
only the information you
specify in the consent."
The agency needs to come
up with some more
specific consent language
if it is going to meet this
requirement. And how are
SSA, DHS and DOS going to
share and use this
information? The sponsor
is giving DHS his or her SSN
here, why would SSA need
to disclose information to
DHS and DOS? I ultimately
support the idea of getting
better information on this
form about sponsors but
this consent just asks too
much for sponsors to want
to participate in this
process.

USCIS appreciates this comment. USCIS has revised
the consent language in the Declaration and
Certification parts of the forms to comply with
applicable laws.

The proposed I-864 and I864EZ forms will no longer
have an item where the
sponsor's household size is
calculated (like Part 5 item
8 on the current I-864, or
Part 4 item 1.f on the
current I-864EZ). This will
make it confusing for the
sponsor to determine
whether their household
income meets the 125% of
poverty level requirement
for their household size.

11/4/2019

11/2/2019

USCIS-20070029-0107

2

1

2.1

Xuan Luo

It appears that to calculate
the household size on the
proposed I-864, one must
add all the items in Part 5
(titled "Sponsor's
Household Size") as well as
Part 6 (titled "Previously
Submitted Affidavits of
Support"), or, on the
proposed I-864EZ, one
must add all the items in
Part 4 (titled "Information
About Your Household
Size") as well as Part 5
(titled "Previously
Submitted Affidavits of
Support"). This is very
counter-intuitive, as one
would normally think that
all the items that go into
the household size would
be listed in the section
with "Household Size" in

USCIS appreciates this comment. USCIS is revising
these forms and instructions to add back in the
deleted items in this section so the sponsor can
easily calculate household size.

the name.
I think you should keep an
item where the sponsor's
total household size is
calculated somewhere on
the I-864 and I-864EZ
forms, to make it clear for
sponsor what household
size will be used to
determine whether their
household income meets
125% of poverty level.

11/22/2019

12/4/2019

11/21/2019

USCIS-20070029-0108

3

1

3.1

12/3/2019

USCIS-20070029-0109

4

0

4.0

Anonymous
Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

Needs to be more
stringent and "loop holes"
closed. ie: "entire"
household above 125%
poverty level. Who is
auditing this and
punishment for NOT
complying? Deportation?
On behalf of the Catholic
Legal Immigration
Network, Inc. we submit
the attached comments in
response to the U.S.
Citizenship and
Immigration Services'
proposed changes to

USCIS appreciates this comment. USCIS is revising
these forms and instructions to better inform
sponsors and household members about their
obligations under INA 213A. INA 213A lists the
requirements for sponsorship and the penalties for
non-compliance. No specific changes were
suggested. No changes will be made in response to
this comment.

12/4/2019

12/3/2019

USCIS-20070029-0109

4

1

4.1

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

Forms I-864, I-864A, and I864EZ and the respective
Instructions to Form I-864
and I-864EZ. See attached
file(s)
1. Information about You
(Sponsor)
Page 3, Part 4, Items #15.a
– 15.f
Discussion: The form asks
questions regarding the
sponsor’s bank account,
including account holder’s
name, names of all joint
account holders,
institution name, account
number, and routing
number. There is no legal
authority for USCIS to be
gathering this private
information. It is not
necessary or even relevant
in order to verify the
sponsor’s income, which is
done through submission
of employer’s letters, wage
statements, and past
year’s tax returns. Most
sponsors would interpret
these questions as an
invasion of privacy and find
them very intimidating.
The foreseeable likely
effect is to discourage
sponsors and joint
sponsors from executing
Form I-864. If it is to obtain
proof of the sponsor’s

USCIS appreciates this comment. Bank account
information will be used to evaluate that sponsors
and household members can meet their support
obligations under INA 213A, and sponsors have
demonstrated the means to maintain income as
required by INA 213A(f)(6). No changes will be
made in response to this comment.

income, then it serves no
purpose other than to
violate sponsor’s privacy.
The only appropriate time
to collect this information
is if the sponsor is using
assets, specifically money
in a bank account, in order
to satisfy the 125 percent
of poverty requirement. If
that is the case, then the
form and instructions
already require the
sponsor to include
evidence of these assets
through bank statements.
Otherwise, this
information is not relevant
and
should not be required of
all sponsors.
Recommendation: Delete
questions #15a-f, which
have never been included
on Form I-864 during the
last 22 years and serve no
legitimate purpose.

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USCIS-20070029-0109

4

2

4.2

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

2. Previously Submitted
Affidavits of Support
Page 4, Part 6, Items #1-3
Discussion: The form
changes the current
question #6 on Part 5.
Sponsor’s Household Size,
which now reads: “If you
have sponsored any other
persons on Form I-864 or
Form I-864EZ who are now
lawful permanent
residents, enter the
number here.” (emphasis
added). The proposed
question #1 reads: “Have
you submitted Form I-864
or Form I-864EZ for any
individuals other than
those named on this
form?” By deleting the
critical phrase “who are
now lawful permanent
residents,” the agency is
requiring the sponsor to
include in the household
size any person for whom
the sponsor “submitted”
an I864 or I-864EZ. This
would include persons for
whom the sponsor
submitted an I-864 and
subsequently withdrew it
or persons for whom the
sponsor submitted an I864 and who was
subsequently denied
lawful permanent resident

USCIS appreciates this comment. USCIS will revise
the form and corresponding instructions to clarify
that sponsors must provide information for all
Forms I-864 or Forms I-864EZ for individuals
submitted, but with the note that only those Form
I-864/Form I-864EZs for whom a sponsorship
obligation is still in effect will be counted toward
household size.

(LPR) status. In addition,
proposed question #3 asks
for the name “of each
individual for whom you
previously submitted Form
I-864 or Form I864EZ”
without limiting it to those
who obtained LPR status.
The Instructions further
clarify that the sponsor is
required to “enter the
total number of individuals
for whom you have
submitted a Form I-864 or
From I-864EZ in the past,
even if the form has not
yet been adjudicated or
the individual you
sponsored did not become
a Lawful Permanent
Resident.”
According to the proposed
form, the sponsor would
“not need to include any
individual for whom [the]
sponsorship has ended,”
but would need to provide
information regarding
individuals for whom the
sponsorship never began.
Even the Instructions
advise the sponsor that:
“You may withdraw your
affidavit of support at any
time until a decision is
issued on the applicant’s
application for an
immigrant visa or

adjustment of status.”
Nevertheless, the sponsor
would have to include the
number of withdrawn
affidavits of support when
completing future Forms I864 and the household size
would be increased by that
number. The proposed
form change would result
in the computation of
household size that
violates the regulation.
That regulation, at 8 CFR §
213a.1 (definition of
household size), requires
the sponsor to count as
part of the household size
“the number of aliens the
sponsor has sponsored
under any other affidavit
of support for whom the
sponsor's support
obligation has not
terminated.” To “sponsor”
an alien is to execute an
affidavit of support and
have that person obtain
LPR status based on that
affidavit of support.
Signing the I-864 or I864EZ does qualify as
“sponsoring” someone.
The sponsor’s or
household member’s
contractual obligations
under the affidavit of
support do not begin until

and unless the intending
immigrant obtains LPR
status. It is not binding
upon execution and
submission. Therefore, the
sponsor may withdraw the
affidavit at any point up to
the time the intending
immigrant is granted LPR
status based on the
submission of the affidavit
of support. 8 CFR §§
213a.2(e), (f). See also 8
CFR § 213a.1 (definition of
sponsored
immigrant),“sponsored
immigrant means any alien
who was an intending
immigrant, once that
person has been lawfully
admitted for permanent
residence, so that the
affidavit of support filed
for that person under this
part has entered into
force.”
Recommendation: Restore
the phrase “who are now
lawful permanent
residents” after the words
“Have you submitted Form
I-864 or Form I-864EZ for
any individual” and strike
the words “other than
those named on this form”
in Question #1. Insert
“who are now lawful
permanent residents” after

the words “for whom you
previously submitted Form
I-864 or Form I-864EZ” in
Question #2. Insert “who
are now lawful permanent
residents” after the words
“for whom you previously
submitted Form I-864 or
Form I-864EZ” in Question
#3.

12/4/2019

12/3/2019

USCIS-20070029-0109

4

3

4.3

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

3. Sponsor’s Employment
and Income
Page 6, Part 7, Item #26
Discussion: The question
asks “Credit Report
Information (Optional)…I
have attached a copy of a
recent credit report.”
Credit reports are
notoriously inaccurate for
measuring someone’s
credit history and should
play no part in determining
if the sponsor’s income is
at or above the required
federal poverty income
level for the household
size. Credit reports were
recently analyzed by a
federal district court judge,
who concluded: Similarly,
it is unclear how the credit
score of a new
immigrant—who, for
example, may have only
recently opened her first
credit account and
therefore has a short
credit history, which would
negatively impact her
credit score—is indicative
of her likelihood to receive
12 months of public
benefits. Make the Road,
et al. vs. Cuccinelli, No. 19
Civ. 7993 (S.D.N.Y. 2019),
slip op. at p. 17. The
addition of credit reports

USCIS appreciates this comment. Credit reports will
be used to help USCIS evaluate if a sponsor has
demonstrated the means to maintain income as
required by INA 213A and whether the sponsor or
household member will be able to meet his or her
support obligation during the period of
enforceability. This use of the credit report is for
determining the sufficiency of the Affidavit of
Support Under Section 213A of the INA, not for
purposes of determining public charge
inadmissibility as set forth in the pubic charge
inadmissibility rule. Therefore this change is
unrelated to the changes proposed in the public
charge inadmissibility rule. No changes will be
made in response to this comment.

and credit history were
proposed by DHS in its
regulation amending the
definition of public charge,
83 Fed. Reg. 51,114 (Oct.
10,2018), and in its final
regulation, 84 Fed. Reg.
41,292 (Aug. 14, 2019).
The proposed and final
regulation also authorized
USCIS to evaluate the
“likelihood that the
sponsor would actually
provide the statutorilyrequired amount of
financial support to the
alien, and any other
related considerations.”
The agency believed it
lacked the authority to
weigh the sponsor’s credit
worthiness absent this
regulatory change. Five
district courts have
enjoined DHS from
implementing those
changes. 1 Yet, USCIS is
acting as if the final
regulation went into
effect. Requesting that the
sponsor supply a credit
report—even on an
optional basis and under
the assumption that the
agency is authorized to
investigate the sponsor’s
credit worthiness—would
be a violation of the

injunction and would invite
a motion for contempt.
Recommendation: Delete
Question #26.

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USCIS-20070029-0109

4

4

4.4

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4. Sponsor’s Contract,
Statement, Contract
Information, Certification,
and Signature
Page 7, Part 9
Discussion: In response to
the question “What If I Do
Not Fulfill My
Obligations?,” the agency
proposes to add the
following sentence: “If you
fail to reimburse the
benefit granting agency,
you may become ineligible
to sponsor anyone in the
future.” There is no legal
basis for this statement.
The statute sets forth the
requirements for being a

USCIS appreciates this comment. Under INA
213A(a)(1), a sponsor must agree to provide
support to maintain the sponsored alien at a
certain income and must demonstrate the means
to maintain income as required under INA
213A(f)(6). Failure to reimburse means-tested
public benefits and live up to a support obligation
could be indicative of the inability to maintain
income at the minimum threshold level and/or
carry out support obligations during the period of
enforceability. And this certification puts the
sponsor on notice that USCIS may consider this
when evaluating the sponsor’s ability to meet the
requirements of INA 213A in the future. This is
also consistent with the Presidential
Memorandum’s goal to better enforce sponsorship
obligation. No changes will be made based on this
comment.

sponsor or joint sponsor.
INA § 213A(f)(1)(A)– (D).
The regulations further
define the requirements
for being a sponsor. 8 CFR
§§ 213a.2(c)(1)(i)(A), (B),
and (C)(1). In neither the
statute nor regulations is it
written that prior
reimbursement of meanstested benefits received by
a sponsored immigrant is a
requirement for being a
sponsor. If the agency
would like to change the
respective regulations to
this effect, it should follow
the procedures set forth in
the Administrative
Procedure Act. USCIS’
proposed form changes
would affect substantive
and fundamental eligibility
requirements and would
create a profound change
in access to LPR status.
Accordingly, any proposed
changes that would
effectively change the
current definition set forth
in the regulations should
go through notice and
comment rulemaking
under the Administrative
Procedure Act as opposed
to information collection.2
Recommendation: Strike
the words “If you fail to

reimburse the benefit
granting agency, you may
become ineligible to
sponsor anyone in the
future.”

12/4/2019

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USCIS-20070029-0109

4

5

4.5

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

5. Sponsor’s Certification
Page 9, Part 9
Discussion: In the
paragraph numbered M,
the agency proposes
adding the following: “I
acknowledge that if I fail to
meet the obligations of
sponsorship, I may become
ineligible to sponsor
anyone in the future.” This
acknowledgment follows
from the above new
eligibility requirement for
being a sponsor. Since it
has no basis in the statute
or regulation, the
requirement for such an
acknowledgment is also
ultra vires.
Recommendation: Strike

Please see the response to Matrix ID Number 4.4.

the words “M. I
acknowledge that if I fail to
meet the obligations of
sponsorship, I may become
ineligible to sponsor
anyone in the future.”

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USCIS-20070029-0109

4

6

4.6

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

6. Sponsor’s Signature
Page 9, Part 9
Discussion: The agency is
proposing to require all
sponsors and joint
sponsors to sign the form
before a notary public in
order for the form to be
properly executed. In
1976, Congress enacted 28
USC § 1746 for the
purpose of allowing the
use of declarations signed
under the penalties of
perjury in lieu of affidavits
in all federal proceedings
and all federal forms
except those listed in the
statute. Carter v. Clark, 616
F.2d 228 (5th Cir. 1980),
citing H.R. Rep. No. 941616, 94th Cong., 2 nd
Sess. 1, reprinted in 1976
U.S. Code Cong. Ad. News,
5644, 5645. That law reads
as follows: Wherever,
under any law of the
United States or under any
rule, regulation, order, or
requirement made
pursuant to law, any
matter is required or
permitted to be supported,
evidenced, established, or
proved by the sworn
declaration, verification,
certificate, statement,
oath, or affidavit, in writing

USCIS appreciates this comment. The Affidavit of
Support Under Section 213A of the INA is a unique
contract between a sponsor and the Federal
Government, and the Contract Between Sponsor
and Household Member has a related support
obligation. A notarized signature will better ensure
that the person executing the Affidavit of Support
Under Section 213A of the INA, or signing the
Contract Between Sponsor and Household
Member is actually the sponsor or household
member agreeing to the support obligation. For
sponsors or household members executing Form I864A abroad, there are notarial services at U.S.
embassies and consulates. The Department of
State website has more information on notarial
services https://travel.state.gov/content/travel/en/recordsand-authentications/authenticate-yourdocument/Notarial-Authentication-ServicesConsular.html.
In addition, since this requirement helps ensure
that the individual signing the Form I-864, I-864EZ,
or Form I-864A is the actual sponsor or household
member that intends to undertake the support
obligation. it benefits both USCIS in protecting the
integrity of the immigration system and individuals
that may not wish to assume the significant
financial responsibility of sponsorship. No changes
will be made based on this comment.

of the person making the
same (other than a
deposition, or an oath of
office, or an oath required
to be taken before a
specified official other
than a notary public), such
matter may, with like force
and effect, be supported,
evidenced, established, or
proved by the unsworn
declaration, certificate,
verification, or statement,
in writing of such person
which is subscribed by him,
as true under penalty of
perjury, and dated, in
substantially the following
form: … If executed within
the United States, its
territories, possessions, or
commonwealths: “I
declare (or certify, verify,
or state) under penalty of
perjury that the foregoing
is true and correct.
Executed on (date).
(Signature).” In other
words, federal law allows
the sponsor to execute
Form I-864 by declaring
under penalty of perjury
that the information
provided is true and
correct rather than
requiring a signature
before a notary.
The first Form I-864,

Affidavit of Support Under
Section 213A of the Act
(10/06/97), required that
the sponsor execute the
form before a notary
public. The authority for
this was 8 CFR §
213a.2(a)(1) (“An affidavit
of support is executed
when a sponsor signs a
Form I-864 before a notary
public…”). The agency
subsequently amended 8
CFR § 213a.2(a)(1) to
delete any reference to the
affidavit of support
needing to be signed
before a notary public
when it published the final
regulation. See 71 Fed.
Reg. 35739 (June 21,
2006). It explained this
change as follows: The
Service also revised Form I864 so that the sponsor
now signs the Form “under
penalty of perjury under
the laws of the United
States,” thus making it
unnecessary to sign or
acknowledge the Form I864 before an officer
authorized to administer
oaths or take
acknowledgements…Under
28 U.S.C 1746, however,
signing before a notary is
not necessary. In other

words, the Service is
attempting—through the
routine amendment of a
form—to reinstate an oath
requirement previously
authorized 23 years ago
through an interim
regulation that it expressly
eliminated 13 years ago
through the promulgation
of a final regulation
written to comply with a
federal statute. As stated
above, such attempts to
make regulatory change
through form change are
improper and inconsistent
with Administrative
Procedure Act
requirements. Finally, at
least the interim regulation
and 1999 version of the
Form I-864 allowed for the
signing of the affidavit of
support before “a notary
public or an Immigration or
Consular Officer.” Eight
CFR § 213a.2(a)(1)(1997).
The addition of the last
two options allowed for
the execution of the
affidavit of support by
sponsors who were
temporarily residing or
domiciled abroad. Notary
publics are only available
within the United States. If
such sponsors had not

been able to sign the
affidavit of support at an
overseas Immigration
office or U.S. consulate,
they would have been
forced to return to the
United States to execute
the document. Yet the
current form and
Instructions—which
provisions the Service is
not proposing to change—
allow for the submission of
the affidavit of support by
sponsors who are
domiciled abroad and who
intend to reestablish
domicile with the
intending immigrant. See
Instructions for the
Affidavit of Support, page
11, Item Number 5,
Country of Domicile,
where the sponsor is
instructed to submit proof
of concrete steps
to establish domicile with
the intending immigrant
after that person enters as
an LPR. The proposed
change to Form I-864
would require the sponsor
in those situations to
return to the United States
and sign the form before a
notary public, thus gutting
much of the purpose of
allowing the sponsor to

remain abroad during this
consular processing stage.
In other words, the
proposed change to the
form still allows sponsors
domiciled abroad to
qualify and execute the
form provided they make a
special trip back to the
United States for the sole
purpose of signing it in
front of a notary public.
Recommendation:
Eliminate the notary’s jurat
block and strike all
language requiring the
signature to be subscribed
and sworn before a notary.

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USCIS-20070029-0109

4

4

7

8

4.7

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4.8

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

1. General Instructions
Page 7, Signature
Discussion: The form
contains the statement:
“Form I-864 must be
notarized by a notary
public. Each affidavit must
be properly signed before
a notary public.” Please
see comments above
pointing out that such a
requirement violates
federal law.
Recommendation:
Eliminate the notary’s jurat
block and strike all
language requiring the
signature to be subscribed
and sworn before a notary.
2. Part 4, Information
About You (Sponsor)
Page 12, Items #15.a - 15.f
Discussion: The proposed
form would add language
concerning the sponsor’s
checking or saving
account. For the reasons
set forth above, this
information should not be
required.
Recommendation: Strike
this paragraph.

Please see the response to Matrix ID Number 4.6.

Please see the response to Matrix ID Number 4.1.

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4

9

4.9

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

3. Part 6 Previously
Submitted Affidavits of
Support
Page 8, Part 6, Items #8-12
Discussion: The
Instructions explain how
the sponsor is to enter the
number of all previously
submitted affidavits of
support regardless of
whether the person on
whose behalf the I-864
obtained LPR status. The
Instructions state that the
sponsor is required to
“enter the total number of
individuals for whom you
have submitted a Form I864 or From I-864EZ in the
past, even if the form has
not yet been adjudicated
or the individual you
sponsored did not become
a Lawful Permanent
Resident.” For the reasons
stated above, this would
result in overcounting and
an inaccurate household
size. It would also be in
direct conflict with the
regulations.
Recommendation: Delete
all references to previously
submitted affidavits of
support that did not result
in the sponsored
immigrant becoming an
LPR.

Please see the response to Matrix ID Number 4.2.

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10

4.10

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4. Federal Income Tax
Return Information
Page 14, Item #23.a – 25.
Federal Income Tax
Return Information
Discussion: The second
sentence in the fourth
paragraph in this section
states: “A copy of the
FormW-2 and Form 1099
must be submitted, even if
the joint tax filer does not
submit Form I864A and his
or her income will not be
used to help meet the
sponsor’s income
requirements.” CLINIC
questions the need for the
joint tax filer, whose
income is not being used,
to include his or her W-2.
The sponsor must estimate
his or her “current
individual annual income”
for the year the I-864 is
being submitted. In
addition, the sponsor must
submit last year’s income
tax return. CLINIC does not
understand why a joint tax
filer, whose income is not
being used, must include
his or her W-2.
Recommendation: Strike
the sentence: “A copy of
the Form W-2 and Form
1099 must be submitted,
even if the joint tax filer

USCIS appreciates the comment. In general, a joint
filer’s income cannot be used to meet the
sponsor’s income threshold unless the joint filer
files a Form I-864A. Therefore, the joint tax filer’s
information is needed to determine whether the
sponsor can meet the income threshold by him or
herself or needs the joint filer to file Form I-864A
as a household member, or otherwise needs a joint
sponsor. No changes will be made based on this
comment.

does not submit Form I864A and his or her
income will not be used to
help meet the sponsor’s
income requirements.”

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4

11

4.11

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

5. Federal Income Tax
Return Information
Page 15, Part 7, Item #26,
Credit Report (Optional)
Discussion: In this
paragraph it states “You
may provide a recent U.S.
credit report if you believe
doing so may help you
establish your ability to
maintain sufficient
income” For the reasons
stated above, this
paragraph violates the
current regulations, which
do not require that the
sponsor establish credit
worthiness. Federal courts
have already spoken to
this issue.
Recommendation: Strike
the language in proposed
Item #26.

Please see the response to Matrix ID Number 4.3.

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4

4

12

13

4.12

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4.13

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

6. Sponsor’s Contract,
Statement, Contact
Information, Certification,
and Signature
Page 16, Part 9
Discussion: This paragraph
includes the following
language: “Form I-864
must be notarized by a
notary public. Read the
contract carefully, then
sign and date the affidavit
before a notary public.”
For the reasons stated
above, the USCIS cannot
require that the form be
notarized.
Recommendation: Strike
the language in this
paragraph referencing
signature before a notary
public.
1. Information About You
(the Household Member)
Page 2, Part 1, Items #9.a
– 9.f.
Discussion: The proposed
form would add language
concerning the household
member’s checking or
saving account. For the
reasons set forth above
regarding the same
questions on the I-864, this
information should not be
required.
Recommendation: Strike
paragraph #9.a – 9.f.

Please see the response to Matrix ID Number 4.6.

Please see the response to Matrix ID Number 4.1.

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4

4

14

15

4.14

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4.15

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

2. Your (the Household
Member’s) Employment
and Income
Page 2, Credit Report
Information (Optional),
#10
Discussion: This question
has a box where the
household member
indicates whether he or
she has attached a copy of
a recent U.S. credit report.
For the reasons stated
above regarding this same
question on the I-864, this
paragraph violates the
current regulations, which
do not require that the
household member
establish credit
worthiness. Federal courts
have already spoken to
this issue.
Recommendation: Strike
the language in proposed
Item #10.
3. Part 4, Sponsor’s
Contract, Statement,
Contact Information,
Certification, and
Signature
Page 4, Sponsor’s
Signature, Item #31.a –
31.b
Discussion: This section
requires that the sponsor
sign the I-864A before a
notary public. For the

Please see the response to Matrix ID Number 4.3.

Please see the response to Matrix ID Number 4.6.

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4

16

4.16

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

reasons stated above
regarding the same
language on the I-864, the
USCIS cannot require that
the form be notarized.
Recommendation:
Eliminate the notary’s jurat
block and strike the
language in this paragraph
requiring signature before
a notary public.
4. Part 8, Your (the
Household Member’s)
Contract, Statement,
Contact Information,
Certification, and
Signature
Page 9, Your (the
Household Member’s)
Signature, Item #6.a – 6.c
Discussion: This section
requires that the
household member sign
the I-864A before a notary
public. For the reasons
stated above regarding the
same language on the I864, the USCIS cannot
require that the form be
notarized.
Recommendation:
Eliminate the notary’s jurat
block and strike the
language in this paragraph
requiring signature before
a notary public

Please see the response to Matrix ID Number 4.6.

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4

4

17

18

4.17

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4.18

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

1. General Instructions
Page 2, Signature
Discussion: The proposed
language is: “Form I-864A
must be notarized before a
notary public.” For the
reasons stated above
regarding the same
language on the I-864 and
Instructions, the USCIS
cannot require that the
form be notarized.
Recommendation:
Eliminate this sentence
requiring signature before
a notary public.
2. Specific Instructions
Page 3, Items #9.a – 9.f.
Household Member’s
Bank Account Information
Discussion: The
Instructions would add
language concerning the
household member’s
checking or saving
account. For the reasons
set forth above regarding
the same questions on the
I-864, this information
should not be required.
Recommendation: Strike
paragraph #9.a – 9.f.

Please see the response to Matrix ID Number 4.6.

Please see the response to Matrix ID Number 4.1.

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4

4

19

20

4.19

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4.20

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

3. Specific Instructions;
Most Recent Tax Year
Total income
Page 5, Item #10. Credit
Report
Discussion: This proposed
language concerns an
optional copy of a recent
U.S. credit report and
states “You may provide a
recent U.S. credit report if
you believe doing so may
help you to establish your
ability to maintain
sufficient income.” For the
reasons stated above
regarding this same
question on the I-864, this
paragraph violates the
current regulations, which
do not require that the
household member
establish credit
worthiness. Federal courts
have already spoken to
this issue.
Recommendation: Strike
the language in proposed
Item #10.
4. Specific Instructions;
Your (the Household
Member’s) Contract,
Statement, Contact
Information, Certification,
and Signature
Page 5, Part 8, Items # 1.a
– 6.c
Discussion: The proposed

Please see the response to Matrix ID Number 4.3.

Please see the response to Matrix ID Number 4.6.

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4

21

4.21

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

language includes the
clause “then sign and date
the contract before a
notary public.” For the
reasons stated above
regarding the same
language on the I-864
Instructions, the USCIS
cannot require that the
form be notarized.
Recommendation:
Eliminate this clause
requiring signature before
a notary public.
5. Address Change and
Penalties
Page 7, Address Change
Discussion: In the first
paragraph, it states “A
sponsor who is not a U.S.
citizen must inform USCIS
of his or her new address
within 10 days of
moving…” It goes on to
state that the person must
complete a Form I-865.
The I-864A is used by
household members, not
sponsors. This requirement
is limited to sponsors and
is stated plainly in the
statutory and regulatory
provisions cited in this
section: 8 USC § 1183a(d)
and 8 CFR § 213a.3.
Household members are
very distinct from sponsors
in terms of the eligibility

USCIS made edits to the I-864A instructions to
clarify that only sponsors currently need to fill out
Form I-865.

and liability requirements.
They are not subject to
address change reporting
requirements.
Recommendation: Strike
all language pertaining to
change of address
requirements and
penalties.

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4

4

22

23

4.22

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4.23

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

1. Sponsor’s Bank Account
Information
Page 2, Part 3, Items #16.a
– 16.f
Discussion: CLINIC objects
to the insertion of
questions requiring the
sponsor to supply his or
her bank account
information for the
reasons stated above in
reference to the I-864 and
I-864A.
Recommendation: Delete
this section and questions
#16.a – 16.f
2. Previously Submitted
Affidavits of Support
Page 3, Part 5, Items #1 –
3
Discussion: CLINIC objects
to the requirement that
the sponsor must count all
persons for whom he or
she has ever submitted an
I-864 or I-864EZ without
limiting it to those who
obtained LPR status on the

Please see the response to Matrix ID Number 4.1.

Please see the response to Matrix ID Number 4.2.

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4

4

24

25

4.24

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4.25

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

basis of this submission,
for the reasons stated
above.
Recommendation: Insert
the phrase “who are now
lawful permanent
residents” after the word
“individuals” in question
#1 and delete the words
“other than those named
on this form.”
3. Information About Your
Employment
Page 4, Part 6, Item #7
Discussion: CLINIC objects
to the insertion of a
question asking for the
sponsor to submit a recent
U.S. credit report for the
reasons stated above in
reference to the I-864 and
I-864A.
Recommendation: Delete
this question.
4. Sponsor’s Contract,
Statement, Contact
Information, Certification,
and Signature
Page 4, Part 7, What If I
Do Not Fulfill My
Obligations?
Discussion: CLINIC objects,
for the reasons stated
above in reference to the I864, to the insertion of the
sentence: “If you fail to
reimburse the benefit
granting agency, you may

Please see the response to Matrix ID Number 4.3.

Please see the response to Matrix ID Number 4.4.

become ineligible to
sponsor anyone in the
future.”
Recommendation: Delete
this sentence.

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4

4

26

27

4.26

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4.27

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

5. Sponsor’s Contract,
Statement, Contact
Information, Certification,
and Signature
Page 6, Part 7, Sponsor’s
Signature
Discussion: CLINIC objects,
for the reasons stated
above in reference to the I864 and I-864A, to the
requirement that the
sponsor must sign the I864EZ before a notary
public.
Recommendation: Delete
this notary public’s jurat
block.
1. General Instructions
Page 4, Signature and
page 10, Sponsor’s
Contract, Statement,
Contact Information,
Certification, and
Signature
Discussion: CLINIC objects,
for the reasons stated
above in reference to the I864 and I-864A, to the
requirement that the
sponsor must sign the I864EZ before a notary
public.

Please see the response to Matrix ID Number 4.6.

Please see the response to Matrix ID Number 4.6.

Recommendation: Delete
this requirement.

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4

4

28

29

4.28

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

4.29

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

2. Information About You
(Sponsor)
Page 8, Part 3, Item #16.a.
– 16.d
Discussion: CLINIC objects
to the insertion of
questions requiring the
sponsor to supply his or
her bank account
information for the
reasons stated above in
reference to the I-864 and
I-864A.
Recommendation: Delete
this section and questions
#16.a – 16.d
3. Previously Submitted
Affidavits of Support
Page 8, Part 5, Item #1 – 3
Discussion: CLINIC objects
to the requirement that
the sponsor must count all
persons for whom he or
she has ever submitted an
I-864 or I-864EZ without
limiting it to those who
obtained LPR status on the
basis of this submission for
the reasons stated above.
Recommendation: Insert
the phrase “who are now
lawful permanent

Please see the response to Matrix ID Number 4.1.

Please see the response to Matrix ID Number 4.2.

residents” after the word
“individuals” in question
#1 and delete the words
“other than those named
on this form.”

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4

5

30

0

4.30

Jill Marie
Bussey on
behalf of
the Catholic
Legal
Immigration
Network,
Inc.

5.0

Diane Rish,
The
American
Immigration
Lawyers
Association
(AILA)

4. Information About Your
Employment and Income
Page 4, Part 6, Item #7
Discussion: CLINIC objects
to the insertion of a
question asking for the
sponsor to submit a recent
U.S. credit report for the
reasons stated above in
reference to the I-864 and
I-864A.
Recommendation: Delete
this item.
The American Immigration
Lawyers Association (AILA)
respectfully submits the
following comments in
response to the abovereferenced 60-day notice
and request for comments
on proposed revisions to
Forms I-864, I-864A, and I864EZ, and their
accompanying instructions,
published in the Federal
Register on October 15,
2019.

Please see the response to Matrix ID Number 4.3.

A. Expanded Certification
Section

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5

1

5.1

Diane Rish,
The
American
Immigration
Lawyers
Association
(AILA)

All three revised forms
(Forms I-864, I-864EZ and
I-864A) include an
extensively expanded
certification section that
requires, among other
things, that the sponsor
implicitly agree that the
completed Affidavit of
Support may be made
available to any Federal,
State or local agency that
may receive an application
from the intending
immigrant(s) named in the
Affidavit of Support for
Supplemental Nutrition
Assistance Program (SNAP)
benefits, Medicaid, (other
than Emergency
Medicaid), Supplemental
Security Income,
Temporary Assistance to
Needy Families, or other
means-tested benefits.
Since this form includes
extensive personal
identifying information
(PII), as well as
comprehensive financial
information, this blanket
agreement seems contrary
to best practices with
respect to the protection
of private information.

Please see the response to Matrix ID Number 1.1

Moreover, USCIS does not
provide sufficient rationale
for such a blanket
authorization.
The sponsor certification
on Form I-864 and Form I864EZ also includes a 45day deadline in which the
sponsor must respond to a
request for reimbursement
from a public benefitgranting agency or an
appropriate government
entity because the
intending immigrant
received a means-tested
benefit. Failure to respond
within 45 days may result
in legal action brought
against the sponsor. While
a sponsor clearly has a
legal obligation to provide
financial support and
ensure the beneficiary
does not become a public
charge, it is unclear where
this 45-day deadline is
found in statutory law.

B. Requirement that Forms
be Notarized by a Notary
Public
Currently, all three forms
(Form I-864, I-864EZ, and I864A) require that the
sponsor/household
member certify the form
under penalty of perjury.
USCIS is now proposing to
add a requirement that all
three forms (Forms I-864,
I-864EZ and I-864A) must
be signed by the
sponsor/household
member in front of a
notary public. The
requirement to have the
form signed in front of a
notary public adds undue
burden on
sponsors/household
members. Furthermore, it
is inconsistent with current
and past practices of USCIS
related to Affidavit of
Support forms and other
forms which require
signatures by USCIS.

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2

5.2

Diane Rish,
The
American
Immigration
Lawyers
Association
(AILA)

First, this requirement
appears inconsistent with
28 USC § 1746, 8 CFR §
213a.2(a)(ii), and the
February 15, 2018 USCIS
Policy Memo (PM-6020134.1) entitled

Please see the response to Matrix ID Number 4.6.

“Signatures on Paper
Applications, Petitions,
Requests, and Other
Documents Filed with U. S.
Citizenship and
Immigration Services.”
28 USC § 1746 broadly
allows for signature under
penalty of perjury for
federal compliance with
any law, rule, regulation,
order, or requirement
made pursuant to law.
Thus, an unsworn
declaration is of the same
force and effect as a sworn
affidavit in federal court. In
pertinent part, 18 USC §
1621, which governs
liability for perjury under
federal law, mandates
that: "Whoever in any
declaration under penalty
of perjury as permitted
under section 1746 of title
28, United States Code,
willfully subscribes as true
any material matter which
he does not believe to be
true is guilty of perjury."
USCIS permits, for
example, Freedom of
Information Act (FOIA)
requests submitted on
Form G-639 to either be
signed under penalty of

perjury or notarized as
equivalent certification.
Most other forms only
require a signature
attesting to the
information in the form in
compliance with 28 USC
§ 1746.
Second, AILA is concerned
that requiring notarization
by a notary public will
place a significant burden
on sponsors/household
members, especially those
located overseas. In
particular, this
requirement may impose
extra costs, travel burdens,
and logistical challenges on
the sponsor/household
member to prepare these
forms. For signers of these
forms based overseas, the
forms and instructions are
unclear regarding whether
or not a foreign notary is
permitted and whether the
signer must have the form
notarized at a U.S.
consulate or embassy
abroad.

C. Bank Account
Information
All three revised forms
(Forms I-864, I-864EZ and
I-864A) propose to add a
requirement that sponsors
and household members
provide their banking
information, including
bank account type, as well
as bank account number
and routing number. While
it is reasonable to require
confirmation of assets
from sponsors who
attempt to qualify through
assets (i.e., as opposed to
qualifying through
income), confirmation of
assets has historically been
provided through evidence
of assets without
disclosing actual banking
details.

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3

5.3

Diane Rish,
The
American
Immigration
Lawyers
Association
(AILA)

AILA is concerned that, in
today’s environment
where cybercrime and
identify theft are becoming
more rampant, requiring
sponsors and household
members to provide such
detailed bank account
information exposes them
to a heightened risk of
becoming an identity crime
victim. It is unclear how

Please see the response to Matrix ID Number 4.1.

the government intends to
utilize this information or
why it is required. It also
raises serious privacy
concerns. Specifically, AILA
takes issue with requiring
sponsors to provide this
information on a form that
is filed electronically or
converted to digital fields,
particularly where there is
no justification for such a
stringent requirement if a
sponsor meets the income
or asset threshold.