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 by USCIS on August 31, 2026. The rollout initially came without a transition or grace period, creating immediate concerns for immigration attorneys, sponsors, and applicants who had prepared filings using the previous 10/17/24 editions.
Following litigation filed by the American Immigration Lawyers Association (AILA) and its members on September 3, 2026, USCIS subsequently announced a 30-day grace period for the transition to the new forms.
30-Day Grace Period for the New I-864 Forms
Under the updated USCIS guidance, both the 10/17/24 and 08/24/26 editions of Forms I-864, I-864A, and I-864EZ will be accepted through September 30, 2026.
Beginning October 1, 2026, USCIS will accept only the 08/24/26 editions.
This temporary grace period is particularly important for applicants and immigration attorneys who prepared packages using the previous editions before the new versions were announced. It provides additional time to transition to the updated forms without having filings rejected solely because they contain the older edition.
Attorneys and applicants should carefully verify the edition date before submitting any Form I-864-related filing, particularly as the October 1 deadline approaches.
Why USCIS Introduced the New Forms
The primary change in the new editions is the addition of a privacy release authorization. This authorization permits USCIS and the Department of State (DOS) to obtain information from one or more consumer reporting agencies.
The change gives USCIS and DOS additional authority to obtain consumer-report information when evaluating whether a Form I-864 meets the applicable requirements.
This represents an important development for sponsors because information obtained from consumer reporting agencies could potentially become relevant to the government’s assessment of the Affidavit of Support.
Credit and Security Freezes Could Affect Processing
USCIS has specifically warned sponsors who have placed a credit freeze or security freeze on their consumer reports.
If USCIS is unable to access information needed to evaluate the sufficiency of the Form I-864 because of a freeze, additional action may be required from the sponsor.
Sponsors should therefore monitor communications from USCIS and respond promptly to any request involving the release of a credit or security freeze. Failure to address such a request could potentially delay the processing of an immigration application.
At this stage, questions remain regarding the precise circumstances in which USCIS or another entity may request that a freeze be lifted or information be released.
Disclosure of Consumer Reporting Information
Another significant provision concerns the sponsored immigrant’s access to information.
The sponsor must authorize disclosure of relevant information to the sponsored immigrant for purposes of responding to potentially derogatory information under 8 CFR 103.2(b)(16).
The precise scope of this authorization remains an important issue for practitioners. Based on the language of the updated forms, the information subject to disclosure may include information obtained by USCIS or DOS through consumer reporting agencies, rather than being limited to information already contained in the Form I-864 and its supporting documentation.
Immigration attorneys should closely monitor additional USCIS guidance and developments regarding how this provision will be implemented in practice.
Initial Concerns Over the Implementation Timeline
The implementation of the new forms also generated significant concerns within the immigration legal community because of the lack of advance notice.
Although USCIS indicated that a preview version of the forms and instructions had been made available, concerns were raised that no preview had been publicly announced or made available before August 31, 2026.
The final forms and instructions were published on August 31, 2026, the same day the new edition requirement was initially announced. This created challenges for attorneys and applicants who had already prepared immigration filings using the previous editions.
The absence of an initial grace period increased the risk that applications prepared before the announcement could be rejected if submitted after the new edition became effective.
AILA Advocacy and Potential Litigation
In response to the sudden implementation, AILA contacted USCIS to request a transition period and subsequently pursued litigation concerning the implementation of the new forms.
The litigation and advocacy efforts highlighted the potential consequences for applicants and legal practitioners who had relied on the previous editions.
Potentially affected individuals could include applicants facing age-out concerns, approaching priority-date deadlines, or other immigration consequences associated with filing delays.
The introduction of the 30-day grace period provides temporary relief, but attorneys and applicants should continue monitoring developments as additional guidance or legal challenges may affect implementation.
What Sponsors and Applicants Should Do Now
Sponsors and applicants should take several practical steps during the transition period:
- Check the edition date before submitting Form I-864, I-864A, or I-864EZ.
- Use the 08/24/26 editions for filings submitted on or after October 1, 2026.
- Review credit and security freezes that could prevent USCIS or DOS from accessing consumer-report information.
- Respond promptly to USCIS requests concerning credit-report information or security freezes.
- Work with an experienced immigration attorney when a filing involves urgent deadlines or complex financial circumstances.
- Monitor USCIS updates for additional instructions regarding the new privacy release and consumer reporting requirements.
Final Thoughts
The new 08/24/26 editions of Forms I-864, I-864A, and I-864EZ introduce a significant change by allowing USCIS and DOS to obtain information from consumer reporting agencies.
While the initial implementation created considerable uncertainty because there was no immediate transition period, the subsequent 30-day grace period provides applicants and attorneys with additional time to transition to the updated forms.
With the grace period ending on September 30, 2026, sponsors and immigration professionals should review pending filings now and ensure that future submissions use the correct form editions. Because implementation practices and legal developments may continue to evolve, staying current with official USCIS guidance is especially important during this transition.
Immigration Fleet Law Firm