October 3rd, 2025

If you have felt immigration getting stricter lately, you are not imagining it. Since January of this year, we have witnessed a draconian tightening of immigration policies across the board—from new naturalization standards to arrests at interviews to how officers scrutinize family-based financial sponsorships. The next area that we can reasonably foresee changes will likely be the Affidavit of Support (I-864) requirements to sponsor an immigrant relative. Below, I would like to break down where things stand today, what’s changing, and what could return if the administration revives earlier Trump-era I-864 policies. As always, this is practical insight from my day-to-day practice representing immigrant families in Middlesex County and throughout New Jersey.

1) Visa Screening: Public Charge and Sponsorship Still Loom Large

Although President Trump’s 2019 public charge overhaul was vacated and formally removed in 2021, consular and USCIS officers still examine whether a sponsor has the financial capacity to support the intending immigrant—largely through the I-864 Affidavit of Support and related evidence. While the old 2019 guidelines are gone, financial sufficiency remains central.

2) The I-864 Affidavit of Support Today: What Sponsors Must Show in 2025

The Baseline rule for family-based immigration sponsorship is that the sponsor (usually the petitioner) must demonstrate income of at least 125% of the Federal Poverty Guidelines for the household size (100% for certain active-duty military sponsoring a spouse/child). USCIS applies the current HHS poverty table (I-864P).

Core requirements typically include:

  • Completed Form I-864 (or I-864EZ/I-864A if applicable)
  • Proof of U.S. citizenship or LPR status for the sponsor
  • Evidence of current income meeting or exceeding 125% of the guideline (pay stubs, employment letter)
  • Most recent federal tax return (or IRS transcript)
  • Assets, or a joint sponsor if income falls short, subject to valuation rules

Practical note: As of March 1, 2025, USCIS is applying the 2025 I-864P poverty guidelines. Petitioners must make sure their filings reflect this year’s numbers, not last year’s.

3) What Could Change if Trump Revives His Prior I-864 Proposal

Back in 2020, DHS implemented new rules to tighten I-864 adjudications, shifting from the petitioner/sponsor’s finances to the intending immigrant’s ability to support him or herself. These changes went beyond the sponsor’s affidavit and introduced a second test of self-sufficiency and calculus to determine who would be considered a “public charge.” Under the rules back then:

  • Applicants were required to complete Form I-944 (Declaration of Self-Sufficiency), a complex and onerous 15-page form that directed immigrants to provide credit reports, debt history, health insurance details, education records, and bank statements.
  • Officers applied a “totality of circumstances” test, weighing age, health, English skills, job prospects, and past use of public benefits.
  • Even if the sponsor met I-864 thresholds, an intending immigrant could still be denied if deemed unlikely to be self-sufficient.

Although rescinded in 2021, this policy is a clear blueprint for what could return. If reintroduced, families may once again face a dual review: the sponsor’s I-864 and the immigrant’s personal financial independence. For older applicants as well as applicants who may not have highly valued skills or education, this can prove problematic and provide ammunition to consular officers to potentially deny cases.

4) Action Plan for Families Filing Now

As of this writing, noting has changed yet in this sphere. However, with the rapid nature of how the Trump administration is introducing changes to the system, it would not be surprising if we saw these stricter financial requirements come back into play. In order to meet these new challenges, applicants should prepare for possible changes:

  1. Build an “audit-proof” I-864 packet. Use the 2025 I-864P numbers and over-document income with W-2s, pay stubs, and employer letters.
  2. Obtain all tax returns filed within the last five years. Even if not yet required, collect the last three to five years of IRS transcripts, bank records, and insurance documentation now.
  3. Pre-screen naturalization cases before filing. Address issues like taxes, selective service, or criminal offenses beforehand before filing N-400s. This may include paying backtaxes, getting on a payment plan, registering for the selective service, or obtaining certified dispositions from the courts.
  4. Work with local counsel who knows NJ adjudications. Offices in Newark, Cranbury, and Mount Laurel each have their own rhythms and local practices. Local experience can save time and stress.

Why Choose Lee & Garasia, LLC

Our firm concentrates in family-based immigration and has handled thousands of cases relating to affidavit of support issues from using income from straightforward wage-earners to complex joint sponsors with household members or significant assets. In this climate where cases are now being rejected or denied without Requests for Evidence, it is critical to align yourself with counsel who stay current with the latest filing practices. With over twenty-seven years experience in the field, we are widely regarded among our peers and clients as one of the “go-to” immigration law firms in Middlesex County, serving clients in Edison, Woodbridge, New Brunswick and across the state with meticulous dedication and compassion.

Frequently Asked Questions About the Affidavit of Support (I-864) in New Jersey

What are the income requirements for the I-864 in 2025?

For most sponsors, you must show income of at least 125% of the Federal Poverty Guidelines for your household size. USCIS is applying the 2025 I-864P poverty guidelines, effective March 1, 2025. Certain active-duty military sponsors only need to show 100%.

Can I use a joint sponsor for the affidavit of support in New Jersey?

Yes. If your income does not meet the requirement, a joint sponsor can file their own I-864. This person must independently meet the 125% guideline and be a U.S. citizen or lawful permanent resident living in the United States.

What happens if my affidavit of support is denied in New Jersey?

If USCIS or the consulate finds the I-864 insufficient, they may issue a Request for Evidence (RFE) or a denial. In practice, denials often lead to delays or the need for a joint sponsor. Having an experienced immigration lawyer in Middlesex County can help avoid common mistakes that trigger denials.

Do Trump’s immigration policies affect the I-864?

Yes, potentially. Under Trump, the I-864 was tied to the public charge rule, and officers also looked at the intending immigrant’s own finances through Form I-944. While that policy was rescinded, it could return. Preparing as if stricter rules may come back can help protect your case.

Where can I find an immigration lawyer near Edison, Woodbridge, or New Brunswick for affidavit of support help?

Lee & Garasia, LLC has over 28 years of experience handling family-based immigration in Middlesex County and across New Jersey. We routinely guide clients through I-864 sponsorship issues, including complex cases involving joint sponsors and asset use.