In one of his first major policy pronouncements since replacing Bill Yates as Director of Operations for USCIS, Michael Aytes has issued a memorandum that makes significant changes in the way I-864 Affidavits of Support are handled in green card applications.

The most important changes are as follows:

1. Only the most recent year's tax return is now required instead of the most three years. Aytes notes that the Immigration and Nationality Act requires three years, but gives USCIS discretion to vary from that requirement.

2. Until now, local offices could decide whether to require the I-864 at the time of filing or at the time of the interview. From now on, the I-864 must always be submitted at the time of filing the application.

3. If the income on the I-864 is enough to meet the 125%/100% income requirement, an examiner is directed to not issue a request for evidence.

4. If the income on the I-864 is not enough, the examiner is directed to inquire into the current year's income, not ask for more information about income in the year of the tax return.

The changes take place immediately. However, if an adjustment is pending already, the examiner should still request the I-864 at the time of the interview.