On September 3, 2026,
the American Immigration Lawyers Association (AILA) and immigration law firm Benach Pitney Reilly sued the Trump Administration for implementing substantive form changes again, without warning, that will harm potentially thousands of AILA members and their clients.
The lawsuit was filed by AILA and co-counsel on behalf of their members in the U.S. District Court of the District of Columbia.
The action centers on a decision by U.S. Citizenship and Immigration Services (USCIS) that caught the immigration bar off guard.
USCIS announced late on August 31, 2026 that revised Forms I-864, I-864A, and I-864EZ would be mandatory immediately. The plaintiffs contend that USCIS provided no advance public notice and no grace period for filings already prepared or in transit.
What Happened
USCIS announced that as of that day, new editions of the forms I-864, I-864A, and I-864EZ would be required without exception — potentially leading to the rejection of countless applications. In violation of the Administrative Procedures Act (APA), the Paperwork Reduction Act (PRA), and longstanding agency practice, no notice was given and no grace period was implemented; USCIS only informed the public of these changes via the "Forms Update Alert" after 4:30 p.m.
The forms at issue are critical to the immigration process.
The Affidavit of Support forms are used in immigration cases to establish a qualifying sponsor's financial responsibility for an intending immigrant.
Form I-864 is the Affidavit of Support Under Section 213A of the Immigration and Nationality Act. Most family-based immigrants need a qualifying sponsor to submit it.
The New Consumer Credit Report Provision
Beyond the procedural chaos, the updated forms introduce a significant substantive change.
The new Form I-864 includes a privacy release authorizing USCIS to request information about a sponsor from one or more consumer reporting agencies.
By signing the new form, sponsors explicitly authorize USCIS and the U.S. Department of State to request and pull credit reports and credit scores directly from consumer reporting agencies
to evaluate the sufficiency of the Affidavit of Support.
If a sponsor has a credit or security freeze on their consumer or credit report file, USCIS may not be able to access the information necessary to assess the sufficiency of Form I-864. To avoid any delays, a sponsor should expeditiously respond to any requests made to release a credit or security freeze.
Importantly,
USCIS has not yet publicly identified a minimum credit score or said that particular issues — such as significant debt, collections, late payments, or bankruptcy — automatically disqualify someone from serving as a sponsor.
Still,
USCIS has not yet explained how this information will be used to evaluate sponsorship, leaving many families with questions about what to expect.
Why the Timing Matters
The abrupt rollout could not have come at a worse time for immigration applicants.
Many cases were being prepared ahead of the end of the fiscal year and before other immigration policy changes were scheduled to take effect, including new public charge provisions effective September 18, 2026. For this reason, a rejection or delay during this period could have greater consequences for certain applicants.
AILA has warned that some consequences could be particularly serious when an applicant faces a filing deadline or when immigrant visa availability depends on the Visa Bulletin.
Potential harms identified include children aging out of eligibility, applicants losing their priority dates, or individuals becoming subject to different — and potentially stricter — public charge requirements if their applications are delayed beyond September 18.
Voices From the Legal Community
The lawsuit drew sharp criticism from immigration practitioners across the country. Sarah Beth Pitney, a partner at plaintiff firm Benach Pitney Reilly, described the impact:
"The failure to provide notice or a grace period for the new version of the Form I-864 created absolute chaos in our office after I found out about it from a social media post."
Her firm had adjustment of status applications ready to file for a time-sensitive case and had to drop everything to get new I-864s prepared and signed to ensure applications wouldn't be rejected. They also had to field calls from panicked clients worried that their applications would be rejected.
AILA Second Vice President Rekha Sharma-Crawford framed the issue in broader terms, calling it "the second time in 17 months that the Trump Administration has attempted to weaponize their executive power to directly harm immigrants, families, employers, and communities across the nation by altering forms designed to provide benefits without notice."
Jennifer Coberly, AILA's Benefits Litigation Attorney, said the lack of notice and a grace period placed practitioners and applicants in an unnecessarily difficult position.
Brian Green, Christopher W. Dempsey, and Zachary Ryan New also criticized the lack of advance notice and described the burden placed on attorneys and their clients.
A Pattern of Behavior
This is not the first time AILA has taken USCIS to court over abrupt form changes.
In March 2025, AILA and Benach Collopy (now Benach Pitney Reilly) brought litigation in the U.S. District Court of the District of Columbia against the Trump Administration for abruptly implementing immediate form changes
affecting tens of thousands of attorneys and their clients. The current suit makes clear that the agency's pattern of last-minute mandates has not abated.
USCIS Reverses Course — Partially
In a significant development following the lawsuit,
USCIS subsequently announced a 30-day grace period for the transition to the new 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.
USCIS has also clarified that it won't reject an adjustment of status application if it gets filed with an outdated version of Form I-864.
If someone submits an edition other than 08/24/26 on or after October 1, 2026, immigration officers will instead treat it as missing evidence. That means filers will receive a Request for Evidence, rather than an automatic rejection.
What Sponsors and Applicants Should Do Now
Given the evolving situation, individuals and practitioners navigating the I-864 process should take several key steps:
- Verify your form edition.
- Understand the new privacy authorization.
- Check for credit freezes.
- Act quickly on time-sensitive cases.
- File before September 18 if possible. With new public charge provisions taking effect on that date,
Looking Ahead
The AILA lawsuit remains active despite USCIS's partial reversal.
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.
At the center of the lawsuit is whether USCIS lawfully implemented the revised forms without advance notice and without a grace period for previously prepared filings.
For now, the case stands as both a legal challenge to agency procedure and a warning about the broader trajectory of immigration policy — one in which critical rules can change with little notice, leaving families, employers, and their attorneys scrambling to comply.
---
This article is for informational purposes only and does not constitute legal advice. If you have a pending or planned immigration filing involving Form I-864, consult with a qualified immigration attorney to assess how these changes may affect your case.