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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 .
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