Recently, the U.S. Citizenship and Immigration Services (USCIS) has made adjustments to the green card application process. In the scrutiny of green card applications for relatives, immigration officers can now access and request the sponsor’s credit report.
According to a report from “Newsweek” on Thursday, September 3rd, under the new rules of the U.S. Immigration Department, only the new version of Form I-864 (Affidavit of Support) will be accepted starting from August 31st.
The new version of the I-864 form includes a privacy authorization clause, allowing the USCIS to request credit-related information of the green card sponsor from one or more consumer credit reporting agencies.
However, the USCIS did not specify whether the new rules imply that the sponsor’s credit score needs to meet a minimum standard for the green card application to be approved, nor did they explain what specific information will be requested from consumer credit reporting agencies or how this data will be used.
The USCIS also stated that if the sponsor’s credit report is set with a credit freeze or security freeze, the USCIS may be unable to “obtain the information necessary to review the I-864 form.”
The agency urges sponsors to “promptly respond to any requests to lift credit freezes or security freezes.”
Some consumers may set up “freezes” with major credit reporting agencies to prevent unauthorized account openings in their name. Setting a “freeze” does not erase or damage one’s credit history; it simply restricts access to their credit report during the freeze period.
When assisting in applying for a green card, sponsors need to prove their financial capability to support the immigrant by submitting documents such as copies of their personal federal income tax returns.
Currently, the requirements for the sponsor’s financial capability have remained mostly unchanged: the sponsor’s household income must meet or exceed 125% of the federal poverty line calculated based on the number of people in the household (but for active-duty military sponsors of spouses or children, it is 100%), and they must prove their financial capability through tax documents and other files.
Several immigration lawyers have pointed out that the new rules and new form do not specify a specific credit score that must be met. The USCIS has not announced that all sponsors will undergo credit checks or that all sponsors’ credit scores will be reviewed.
The American Immigration Lawyers Association (AILA) confirmed that the new application form already includes terms authorizing the request for credit scores and other information.
Brian Hunt, a legal advisor at the immigration law firm Fragomen, stated, “The new change is actually relatively simple; it will require sponsors to authorize the U.S. Citizenship and Immigration Services (USCIS) to access the sponsor’s credit score when sponsoring an immigrant.”
“The government has not explained how they will specifically use this credit score. However, many observers speculate that this information may be used to compile data to assess whether immigrants sponsored by the sponsors will need to rely on government assistance in the future. This information may potentially be used as a basis for regulatory actions.”
Ana Gabriela Urizar, an immigration lawyer at “Manifest Law,” pointed out that under the new rules, the USCIS can now directly contact credit reporting agencies to verify numbers. Sponsors, before signing and submitting their applications, should pay attention to their credit scores and other information in addition to submitting their income and asset documents.