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U.S. Citizenship and Immigration Services and the Executive Office
for Immigration Review have published a final rule implementing the
affidavit of support requirements, which became effective July 21,
2006. The new rule is available in the Federal Register,
71 FR 35732-57 (June 21, 2006). The agency will also publish a new
Form I‑864, as well as an I-864A, I-864EZ, and I‑864W. For more on the
final rule, see "Analysis of Final
Affidavit-of-Support Rule and Forms," in this issue of
Immigrants' Rights Update.
An interoffice
memorandum issued by Michael Aytes, U.S. Citizenship and Immigration
Services acting director for domestic operations, to clarify the new
rule instructs that "an Affidavit of Support must be sufficient both at
the time the adjustment of status application is filed and at the time
the adjustment application is adjudicated" and "reiterates that, subject
to limited exceptions, an Affidavit of Support is sufficient at the time
of adjudication if it was sufficient at the time it was filed with the
Form I‑485 . . . ." ("Consolidation of Policy Regarding
USCIS Form I-864, Affidavit of Support (AFM Update AD06-20)," June 27,
2006.)
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