October 8, 2020

DHS to Introduce New Rule Holding Immigrant Sponsors Accountable for Failing to Meet Contractual Obligations

The United States Department of Homeland Security (“DHS”) has introduced a rule that would hold immigrant sponsors accountable for failing to meet contractual obligations that they enter when sponsoring a foreign national for an immigrant visa. The new rule comes after the United States Court of Appeals for the Second Circuit issued a decision allowing DHS to resume implementing nationwide public charge inadmissibility following an earlier ruling by a federal judge temporarily blocking DHS from implementing public charge findings.

The proposed rule would require American citizens and lawful permanent residents who sponsor an immigrant through an I-864 Affidavit of Support or a I-864EZ to provide credit reports and credit scores, certified copies of income tax returns for the last three years, and bank account information to demonstrate that they can maintain the required income to support the immigrant if necessary.

In addition, the new rule would require any petitioning sponsor that has received certain public benefits within the last 36 months of submitting an I-864 or has defaulted on previous obligations to support a sponsored immigrant must be backed by a joint sponsor who has not received public benefits during the same time period of time.

For more information on the proposed rule and its effect on immigrant visa applicants in Asia, contact us today at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: U.S. Government

Tags: DS-260 Immigrant Visa Application, U.S. Department of Homeland Security (DHS)

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

When Do Sponsor Obligations End Under Form I-864?

United States Announces New Visa Policies Targeting Chinese Nationals

our services

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Enterline and Partners Succesfully Expedites I-130 Petition with Direct Consular Filing at the U.S. Consulate in Ho Chi Minh City

Enterline and Partners is pleased to announce that our attorneys have successfully represented another client with Direct Consular Filing (“DCF”) of an I-130 Petition for Alien Relative (“I-130 Petition”) at the U.S. Consulate in Ho Chi Minh City (“Consulate.”) Our clients, a U.S. citizen and Vietnamese citizen, approached us after the U.S. citizen received a job offer which required his immediate relocation back to the United States. Following our consultation session in which we thoroughly discussed how DCF is adjudicated as well as advising that it remains discretionary, the couple decided to proceed and engaged our office to file the initial DCF request. Our team worked diligently in gathering all of the required and supplemental documentation needed before the DCF request could be filed. Once everything was finalized, we submitted the request. Less than a week later, the Consulate approved our DCF request and scheduled the client to file the

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

The United States Supreme Court has given President Donald Trump’s Executive Order (“EO”) curbing birthright citizenship a partial victory. The ruling does not impact “Birthright Citizenship” but rather restricts district court judges from issuing nation-wide (or “universal”) injunctions against Executive Orders. In a 6-3 decision, the Supreme Court held that lower federal court judges who issued nationwide injunctions against the EO went too far and granted the Trump Administration’s request to narrow the injunctions issued in Maryland, Washington and Massachusetts. While the Supreme Court’s ruling was a dramatic shift in how lower federal court judges have operated for years, the decision left enough room for challengers to the EO to prevent it from taking effect while litigation works its way through the federal court system. Specifically, the EO, which also suffered a setback by the Federal Court of Appeals will remain blocked for an additional thirty (30) days) allowing the

When Do Sponsor Obligations End Under Form I-864?

For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain U.S. government benefits after becoming a permanent resident. By signing Form I-864, the sponsor takes on long-term financial responsibility, but this obligation is not indefinite. The U.S. government outlines specific situations under which the sponsor’s duties come to an end. When Will These Obligations End? A sponsors obligations under a Form I-864 end when the sponsored immigrant: A sponsor’s obligations under a Form I-864 also end if the sponsor dies. As such, the sponsor’s estate is not required to take responsibility for the sponsored immigrant following the sponsor’s death. Divorce does not terminate the responsibility, and if the sponsor dies,

DHS to Introduce New Rule Holding Immigrant Sponsors Accountable for Failing to Meet Contractual Obligations

CATEGORY

Over 18,000 successful customers with Enterline &Partners, realizing the dream of immigration

Latest News

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration