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Articles Posted in Affidavit of Support

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new proposed rule published in the federal register that will soon change the regulations governing Form I-864 Affidavit of Support.

Want to know more? Keep on watching for more information.


Overview

On October 2, 2020, the Department of Homeland Security published a new proposed rule in the federal register that seeks to (1) strictly enforce the obligations of sponsors of the affidavit of support (2) tighten the types of documentation required by sponsors to demonstrate sufficient income (3) modify regulations regarding when an applicant is required to submit an affidavit of support from a joint sponsor and (4) enhance interagency reporting and information sharing among various government agencies.


What is the Affidavit of Support?

The affidavit of support is required for most family-based immigrants and some employment-based intending immigrants to show that the foreign national has adequate means of financial support and is not likely to become a public charge while in the United States.

The affidavit of support is essentially a contract between a sponsor and the U.S. government in which a sponsor must demonstrate that he or she has enough income and/or assets to support the intending immigrant. In most circumstances, the sponsor’s income must be at least 125 percent of the Federal Poverty Guidelines according to the size of the household.

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In this video attorney Jacob Sapochnick discusses a new rule, effective October 15, 2019, that expands the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa.

Overview: 

Receipt of certain public benefits by a non-citizen may render that individual ineligible to obtain: a visa to the United States, adjustment of status to permanent residence, or ineligible for admission to enter the United States.

The final rule defines a public charge as any alien who receives one or more designated public benefits for more than 12 months in the aggregate within any 36-month period.

Under the final rule, immigration will now be taking into consideration the following benefits to determine whether an individual is or is likely to become a public charge to the U.S. government:

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In this video attorney Jacob Sapochnick demonstrates how to complete USCIS Form I-864, Affidavit of Support.

What is the Affidavit of Support?

Form I-864, Affidavit of Support, is a form that is required for most family-based immigration petitions and some employment-based immigration petitions.

The affidavit of support is necessary to prove that the foreign national wishing to immigrate to the United States has adequate means of financial support and is not likely to become a public charge at the time of filing or in the future. The person signing the affidavit of support is called a “sponsor” and is usually the U.S. Petitioner.

Signing the Affidavit of Support is a serious matter. Sponsors who sign this form are entering into a contract with the U.S. Government agreeing to use their resources to support the intending immigrant if it becomes necessary.

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