USCIS Implements New I-864 Forms Without a Grace Period

U.S. Citizenship and Immigration Services (USCIS) has introduced new editions of Form I-864, Affidavit of Support Under Section 213A of the INA; Form I-864A, Contract Between Sponsor and Household Member; and Form I-864EZ, Affidavit of Support Under Section 213A of the INA. The new forms carry an edition date of 08/24/26 and were published on August 31, 2026.

The most important point for sponsors, applicants, and immigration practitioners is that USCIS is requiring the new editions immediately and has provided no transition or grace period. Cases submitted on or after August 31, 2026 therefore need to use the new versions.

Previous Editions Are No Longer Accepted

Effective August 31, 2026, USCIS and the Department of State (DOS) will accept only the 08/24/26 editions of Forms I-864, I-864A, and I-864EZ. USCIS will not accept or process the previous 10/17/24 editions when they are postmarked or electronically submitted on or after August 31, 2026.

This immediate implementation is particularly significant for immigration cases prepared using the earlier forms. Attorneys, sponsors, and applicants should review pending filing packages and update forms where necessary before submission.

What Changed in the New Forms?

The primary reason for the new edition is the addition of a privacy release. The revised forms authorize USCIS and DOS to obtain information from one or more consumer reporting agencies. This is an important change because information obtained from consumer reporting agencies may be considered when the agency assesses the sufficiency of the Affidavit of Support.

Credit or Security Freezes May Affect Processing

USCIS has cautioned sponsors who have placed a credit or security freeze on their consumer reports. A freeze could prevent the agency from obtaining information it needs to evaluate Form I-864.

Sponsors who maintain a credit or security freeze should pay close attention to any request concerning access to their consumer report and respond promptly when action is required. USCIS specifically advises sponsors to expeditiously respond to requests to release a credit or security freeze.

Disclosure to the Sponsored Immigrant

The revised forms also require the sponsor to authorize disclosure of relevant information to the sponsored immigrant for purposes of responding to derogatory information under 8 CFR 103.2(b)(16). The practical scope of this authorization may become clearer as USCIS and DOS begin applying the revised forms.

At present, the language appears to concern information obtained through consumer reporting agencies rather than being limited to information already contained in Form I-864 or its supporting documentation.

No Grace Period Creates Immediate Filing Concerns

The lack of a grace period has created significant practical concerns for immigration lawyers and applicants. USCIS indicated that a preview version of the forms and instructions had been made available, but the new versions were not publicly announced or available before August 31, 2026, according to the information surrounding the implementation.

The announcement regarding the new versions was issued late in the afternoon on August 31, the same day the new-edition requirement took effect. The final forms and instructions were also published on the USCIS website that day.

AILA Requests a Grace Period and Considers Litigation

The American Immigration Lawyers Association (AILA) has contacted USCIS to request a grace period for the transition to the new forms. AILA is also considering litigation and is seeking potential plaintiffs.

Potential plaintiffs may include law firms handling I-485 filings that now need to revise forms, as well as individuals who could experience significant consequences from the sudden change. Examples of potential harm include aging out, missing a priority date, or becoming subject to different public charge requirements.

What Sponsors and Applicants Should Do Now

• Use only the 08/24/26 editions of Forms I-864, I-864A, and I-864EZ for filings submitted on or after August 31, 2026.
• Review forms prepared using the 10/17/24 editions before filing.
• Pay attention to the new privacy-release provisions and authorization concerning consumer reporting information.
• If a credit or security freeze exists, monitor for requests requiring the freeze to be released.
• Immigration attorneys should review filing packages promptly to identify cases that may need updated forms.
• Check the latest USCIS form instructions before submitting an Affidavit of Support package.

Conclusion

The August 31, 2026 implementation of the new I-864, I-864A, and I-864EZ editions represents an immediate change for sponsors and immigration applicants. Because USCIS and DOS are not providing a grace period, using the previous 10/17/24 edition after the effective date can create avoidable filing problems. Sponsors and practitioners should use the 08/24/26 editions and carefully review the new privacy and consumer-reporting provisions before filing.