# Demandan a USCIS por cambiar formulario de patrocinio sin periodo de gracia

> USCIS declaró obligatorias nuevas ediciones de la Declaración Jurada de Patrocinio Económico el mismo día en que las anunció, después de las 4:30 p.m. AILA y un bufete legal de Washington demandaron ante un tribunal federal, señalando que miles de solicitudes preparadas correctamente ahora enfrentan el rechazo.

Edición: [martes, 8 de septiembre de 2026](https://diariomigrante.com/edicion/2026-09-08) · Sección: visas · Fuente: [American Immigration Lawyers Association](https://www.aila.org/about/press/aila-and-members-sue-administration-over-arbitrary-mandatory-form-changes)
Permalink: https://diariomigrante.com/noticia/1428/demandan-a-uscis-por-cambiar-formulario-de-patrocinio-sin-periodo-de-gra

_(cuerpo en inglés)_

## Key facts

Late on Monday, Aug. 31, 2026, U.S. Citizenship and Immigration Services announced that new editions of Form I-864, Form I-864A and Form I-864EZ were required as of that same day, without exception. The announcement went out through a forms update alert after 4:30 p.m. Eastern time.

The I-864 is the Affidavit of Support. It is the document a sponsor signs promising to financially support a family member seeking a green card. It appears in the great majority of family-based cases.

On Wednesday, Sept. 3, the American Immigration Lawyers Association and the law firm Benach Pitney Reilly sued the administration in the U.S. District Court for the District of Columbia. The complaint says the change violated the Administrative Procedure Act, the Paperwork Reduction Act and longstanding agency practice, because no notice was given and no grace period was allowed. AILA says errors on the USCIS website made compliance harder still.

AILA attorney Jennifer Coberly said the association asked USCIS for a grace period and the agency did not respond, which is why the case was filed. Sarah Beth Pitney, a partner at the plaintiff firm, said she learned of the change from a social media post and had to stop everything to redo signed affidavits for a time-sensitive case.

## Context

The timing is the injury. Applications properly prepared and mailed before Aug. 31 could still be rejected, because what counts is the edition of the form, not the date it left the sender's hands. Thousands more were being prepared for filing in the following weeks.

Those weeks are not ordinary weeks. The fiscal year ends Sept. 30, which is the cutoff for this year's visa numbers, and the new public charge rules take effect Sept. 18. Many families were racing to file before both. A rejection now does not simply mean refiling. It can mean losing a filing date, losing work authorization or travel permission tied to a pending case, or a child aging out of eligibility permanently.

AILA notes this is the second time in 17 months that mandatory form editions have changed without warning. Readers should also remember that the current I-864 edition is the one that authorizes USCIS and the State Department to pull a sponsor's credit report, a change this newspaper reported earlier.

## What this means

If you or your sponsor signed an Affidavit of Support before Aug. 31, 2026, that signature may no longer be usable. The lawsuit asks a court to force a grace period, but nothing is fixed while the case is pending. Assume the new edition is required.

## What to do next

Check the edition date printed on every I-864, I-864A and I-864EZ in your file before you send it. Download a fresh copy directly from the USCIS website rather than reusing a saved version.

If you have a package sitting in the mail or recently delivered, talk to your attorney or accredited representative now about whether to send a replacement affidavit rather than waiting for a rejection notice.

If your case is time sensitive because of the Sept. 30 fiscal year end or a child approaching 21, say so clearly to your representative. Those cases should be handled first.

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