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Ice on Immigration: I-864 Affidavit; "Premium Processing"

By L. Patricia Ice, Featured Columnist

Question:  What are some of the recent changes regarding the immigration form I-864 Affidavit of Support?

Answer:  The United States Department of Homeland Security (DHS) immigration form I-864 is legally required for many family sponsored immigrants and some employer sponsored immigrants to show that the immigrant has adequate means of financial support and is not likely to become a public charge (receive taxpayer supported public assistance). There are several changes to the form.  On January 15, 2006 the DHS issued updated I-864 affidavit of support forms.  Affiants should use the form dated 01/15/2006.  Revision dates can be found in the lower right hand corner of the form.  There is a new simplified form I-864-EZ, which can be filed only by a petitioning family sponsor of an immigrant.  Additionally, the DHS created a form I-864-W, which is for an intending immigrant who is exempt from the standard affidavit of support requirement.  The former standard forms I-864 and I-864-A have been modified.  Each of the forms contain detailed instructions on how to fill them out.

A new feature of the forms is that only the Internal Revenue Service federal 1040 tax return, and W-2s and/or 1099s or self employment schedules issued for the most recent tax year are now required for submission with the I-864 forms.  However, sponsors can also submit tax returns and W-2s and/or 1099s from the last three tax years, if desired.

None of the new I-864 forms have to be notarized.

For more information about the new I-864 Affidavit of Support forms go to http://www.uscis.gov/.

Question:  What is Premium Processing and how does it work?

Answer:  The United States Citizenship and Information Services (USCIS) Premium Processing Service (PP) provides rapid fifteen (15) day processing of certain employment based petitions and applications.  The fifteen day period begins when the USICS receives the PP form I-907 filed with the $1000 PP fee.  The $1000 PP fee must be paid in addition to any regular filing fees required for the I-129 Petition.  Currently PP can be requested for a change or extension of non-immigrant temporary status for almost anyone, with some exceptions, who is the beneficiary of an I-129 Peition for Temporary Worker.  This includes most temporary visas statuses in the E, H, L, O, P, Q, R and TN categories.  On August 28, 2006, the USCIS made the PP service available to certain Petitioners filing the I-140 Petition for Alien Worker in the Employment-Based 3 Professional and Skilled Worker categories on behalf of an immigrant who will eventually seek lawful permanent residence.  

Within the fifteen day period, the USCIS is required to either approve the case, issue a notice of intent to deny the case, request additional evidence for the case or open an investigation for fraud or misrepresentation.  If the petitioner is required to submit additional evidence, a new fifteen day period will begin when the USCIS receives a complete response to the request.  The immigrant beneficiary cannot sign and submit the PP form I-907 unless s/he is eligible for self-petitioning.  The I-907 must normally be signed and submitted by the Petitioner or by the Petitioner's representative, such as an attorney.  

The USICS provides a unique mailing address, phone number and e-mail address for PP customers. As soon as the Petition and form I-907 are received, USCIS will respond to the Petitioner or Petitioner's representative by e-mail if an e-mail address was provided. Furthermore, if the Petitioner submits a self-addressed postage paid courier delivery label with the I-907 PP request, the USCIS will use it to return the notice of adjudication action more quickly.  

For more information about the USCIS Premium Processing Service click on the following link: http://www.uscis.gov/graphics/howdoi/prem_process.htm .