The Department of Homeland Security has issued proposed rule changes that will significantly expand requirements under INA §212 for immigrants and nonimmigrants to demonstrate that they have not in the past, and are not likely in the future, to receive public benefits.  The new proposed rules will be published in the Federal Register and then opened for a 60-day public comment period before implementation.

The new rules will directly impact the Affidavit of Support requirement (forms I-134 and I-864) under INA §213A.  Of particular importance is the creation of a subjective ‘totality of circumstances’ test, in addition to new paperwork requirements demonstrating income self-sufficiency, that will very likely translate into increased denial rates for immigrant visas, certain nonimmigrant visas (including student and fiance visas), requests for extensions and changes of nonimmigrant status, and adjustments of status.

The prop0sed rule changes can be read here.  Check back for updates as the immigration legal community works to understand and explain these burdensome new changes on the horizon.

1. File I-130 Petition for Alien Relative (with I-130A supplement) with USCIS.  (5 to 8 months)

http://www.uscis.gov

https://www.uscis.gov/i-130

Case processing times: https://egov.uscis.gov/processing-times/

2. Upon approval of I-130 petition, file gets transferred to National Visa Center (NVC). Petitioner (U.S. citizen) submits Civil Documents and Affidavit of Support to NVC; Immigrant Visa applicant (foreign spouse) completes DS-260 Immigrant Visa application online.  (1 to 3 months)

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center.html

Civil documents: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

3. After NVC completes processing, file is sent to U.S. embassy or consulate abroad for foreign spouse’s application and interview for an Immigrant Visa.  (1 to3 months)

U.S. Embassies and consulates worldwide: https://www.usembassy.gov/

Preparing for the interview: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview.html

The medical examination: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview/interview-prepare/medical-examination.html

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