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AFFIDAVIT OF SUPPORT
(based on Family
Petition)
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Law
Offices of Susana R. Chung will
be pleased to process your Family
based Visa Petition on behalf of your family
as sponsor. Our law office will carefully analyze
your case and make recommendations on the most
appropriate process for you or your company to
pursue. We then assist with preparing documents
and letters, continuing the case through the
Adjustment of Status
or consular processing stage, until the principal
applicant and family members receive the
Green Card.
Call us (213) 386-8688.
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The Affidavit of Support form and interim regulation
were published in the Federal Register on October
20, 1997, as required by the 1996 Illegal Immigration
Reform and Immigrant Responsibility Act (IIRIRA).
The new legally enforceable Affidavit of Support (Form
I-864), as specified in Section 213A of the Immigration
and Nationality Act, must be completed by U.S. citizens
and legal permanent residents who sponsor family members
as immigrants to live in the United States. The new
Affidavit of Support form will be required for immigrant
visa and adjustment of status applications filed on
or after December 19, 1997, 60 days after publication.
The published regulation also implements a 120-day
public comment period.
To ensure that the immigrants are not likely to rely
on public benefits, sponsors must demonstrate on the
new form that they meet minimum income requirements
and can be financially responsible for the sponsored
immigrants. Sponsors must complete the new Affidavit
of Support form for relatives who will file applications
for immigrant visas or for adjustment of status on
or after December 19, 1997.
The
Affidavit of Support Filing Process
All immediate relative and family-based
immigrants, including orphans, must have a sponsor.
In addition, a sponsor is required for employment-based
immigrants who are coming to work for a relative or
for a company in which a relative owns 5 percent or
more of the company. An Affidavit of Support is not
required for an immigrant who is self-petitioning
for immigration benefits because they are the battered
spouse or child, or the widow/widower of a U.S. citizen
or legal permanent resident. Also, the new Affidavit
of Support is not required for any other group of
immigrants or refugees.
The sponsor must be the family
member who filed the visa petition for
the immigrant, or the family member who owns 5 percent
or more of the company that filed the petition for
the immigrant. The sponsor must also be a U.S. citizen
or lawful permanent resident, at least 18 years of
age, and domiciled in the United States (including
territories and possessions).
The sponsor must complete and sign the Affidavit of
Support and attach all required documentation, including
copies of tax returns. The form and documentation
are subject to verification by other appropriate government
agencies.
After completing the Affidavit of Support, sponsors
forward the Affidavit of Support form and related
documentation to the prospective immigrants. To protect
the privacy of financial records, sponsors may enclose
the documents in sealed envelopes to be opened only
by designated Government officials. Prospective immigrants
submit the Affidavit of Support to Department of State
(DOS) consular posts abroad when they are interviewed
for their immigrant visa -- or, if applying for adjustment
of status in the United States, to the Bureau of Citizenship
and Immigration Services (USCIS) along with their
application for adjustment of status. In both cases,
the Affidavit of Support must be submitted to the
government within 6 months of signature by the sponsor.
Affidavit
of Support Income Requirements
The law requires a sponsor to demonstrate an income
level at or above 125 percent of the Federal poverty
line, as published annually by the Department of Health
and Human Services. To establish income level, sponsors
must provide proof of current employment and copies
of their Federal income tax returns for the 3 most
recent tax years. The income of certain other household
members may be added in computing income level if
they sign a contract, Form I-864A, agreeing to make
their income and/or assets available for the support
of the sponsored immigrants. For active duty military
personnel, the income requirement is 100 percent of
the poverty level, if they are sponsoring their spouse
and/or child.
If the sponsor's household income does not meet the
income requirements, evidence of assets, such as cash
in savings accounts, stocks, bonds, or property, may
be considered in determining the sponsor's ability
to support the immigrant.
If the sponsor cannot meet the required income level
based on income and assets, another person may serve
as a joint sponsor. The joint sponsor must meet all
sponsorship requirements, other than being the petitioner,
and be willing to assume legal liability for the sponsored
immigrant(s) with the petitioning relative.
USCIS will not use a set formula to determine whether
a person qualifies as a sponsor. The greatest weight
will be placed on earnings from current employment.
In most instances, sponsors will be found eligible
if they are employed and demonstrate the ability,
along with household members who sign a contact on
Form I-864A, to earn income at or above 125 percent
of the poverty line for the number of persons who
will be supported.
Enforcement
of the New Affidavit of Support
Most immigrants who are sponsored under the new Affidavit
of Support will be barred from federal means-tested
public benefit programs for 5 years. To date, federal
agencies have announced the following four programs
as means-tested public benefits: Food Stamps, Medicaid,
Supplemental Security Income (SSI), and Temporary
Assistance to Needy Families (TANF.) After the 5 years,
public benefit granting agencies will be able to count
the income and resources of the sponsor, and the sponsor's
spouse, as part of the immigrant's income in determining
whether the immigrant is eligible to receive public
benefits. This action is called "deeming." States
may also choose to "deem" in determining eligibility
for their own means-tested public benefit programs.
The Affidavit of Support is enforceable against the
sponsor until the immigrant becomes a U.S. citizen,
can be credited with 40 quarters of work, leaves the
United States permanently, or dies. If sponsors do
not provide basic support to the immigrants they bring
to the United States, they may be sued by the sponsored
immigrants and by federal or state benefit agencies
for the amount of the means-tested public benefits
provided to sponsored immigrants.
How Do I File a Petition for my Family Member?
The Law Offices of Susana
R. Chung will
be pleased to process your Family
based Visa Petition on behalf of your
family as sponsor. Our law office will carefully analyze
your case and make recommendations on the most appropriate
process for you or your company to pursue. We then
assist with preparing documents and letters, continuing
the case through the
Adjustment of Status
or consular processing stage, until the
principal applicant and family members receive the
Green
Card.
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