Immigration Attorney Warns Affidavit of Support Alone May Be Insufficient For US Green Card

NEW YORK, New York – A Caribbean-born immigration attorney is warning that an affidavit of support alone may be insufficient for those applying for permanent residency, commonly known as green card, in the United States.

Roland G. Ottley“The landscape of family-based immigration is poised for meaningful change. Following the enactment of the ‘One Big Beautiful Bill Act’ (OBBBA) and the USCIS (US Citizenship and Immigration Services) memorandum of September 4, 2025,”  attorney Roland G. Ottley told the Caribbean Media Corporation (CMC).

He said legal practitioners strongly anticipate heightened evidentiary scrutiny, even though many of these practices are not yet mandatory.

“Families should understand that adjudications may soon place greater weight on comprehensive proof of self-sufficiency, and begin preparing accordingly,” said the St. Vincent and the Grenadines born attorney.

“As of today, a properly completed Form I-864 Affidavit of Support may still be sufficient in some cases. However, based on OBBBA and the September 4, 2025 USCIS guidance, we strongly suspect adjudications will soon require more comprehensive evidence of self-sufficiency.

“Prudent applicants and sponsors should proactively assemble broader documentation now, anticipating markedly higher evidentiary scrutiny in the near future,” Ottley added.

He said building a “full, well-documented record” now is a prudent best practice, not a new legal requirement and that the September 4 memorandum signals “a likely shift in the calculus of family sponsorship cases.”

Ottley said USCIS officers are expected to conduct “holistic reviews” of self-sufficiency determinations, ensuring that every question on Form I-485 receives complete attention and that all Congressionally-mandated factors undergo rigorous evaluation.

“While not yet an across-the-board mandatory standard, the guidance indicates where adjudications are heading. This development represents more than procedural refinement: it signals a philosophical reorientation in how evidence may be weighed.

“Where previously a properly completed I-864 might suffice to overcome concerns about financial self-sufficiency—and may still suffice in some approvals today—applicants should anticipate increased requests for comprehensive evidence addressing every statutory factor outlined in the Immigration and Nationality Act,” Ottley said.

He said the implications extend “far beyond paperwork,” warning families not to assume that meeting only minimum requirements will guarantee success, as adjudication trends evolve.

“Emerging expectations point toward proactive evidence that demonstrates genuine self-sufficiency beyond mere compliance with baseline requirements,” the immigration attorney said.

“Because of recent changes in immigration law, we will soon start seeing a more difficult course to achieve in terms of document requirements and face the burdens and stress of meeting deadlines or denials.

“By not including the Form I-944, applicants are unaware of the now stricter requirements for filing an adjustment of status application. Before, you would have the I-944 Form, and you would scoff at its requirements before investing your time and effort for adjustment of status. You would be able to check your budget to see if you can afford to continue with the adjustment of status application.

“Now, if you file your application unaware of the above, you may find yourself in a tight squeeze where you only have 87 days to provide USCIS with a bulk of information,” Ottley warned. “That can result in a tremendous amount of anxiety and stress.”

He said once an application is submitted to USCIS for adjudication of adjustment of status, the adjudicating officer then has a flexible amount of discretion as to how restrictive they need to be and whether or not and what information they should request from the applicant and the petitioner.

Ottley said there are now many variables that an adjudicator would need to consider in assessing the totality of the circumstances test for determining whether the applicant is more likely to become dependent on the government for their subsistence.

“You will need to pre-assess your situation and provide strong evidence to the adjudicator that the applicant is likely to be self-sufficient,” he said.

“The petitioner may need to establish that the petitioner has sufficient income, assets, and sufficient financial resources that the government can utilize to seek contribution from the petitioner for public benefits that the applicant may utilize in the future.”

Ottley said OBBBA is expected to reshape the economic assumptions behind sponsorship by narrowing access to certain federal benefits and elevating the expectation of private solutions—especially health coverage—”thereby amplifying how officers may weigh foreseeable costs and the applicant’s independent means.

“The USCIS memorandum, as guidance, emphasizes holistic review and full-factor analysis and signals that officers will corroborate claims with objective records and may draw adverse inferences from omissions or unexplained inconsistencies,” he said.

“Depth and continuity of proof are strongly suspected to matter as much as nominal thresholds.”

For sponsors, Ottley said the I-864 Form “demonstrates a promise, not a guarantee,” noting that officers examine the sponsor’s actual tax compliance, liquidity, recurring obligations, household size integrity, and the credibility of any joint-sponsor arrangement.

“Unclear dependent claims or tenuous employment undercut the weight given to the affidavit,” he said.

He said early preparation becomes essential, given the volume of required documentation.

“Families should begin gathering evidence months before filing, allowing time to address any weaknesses in their financial profile,” Ottley recommended.