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 THE ABC'S OF IMMIGRATION - AFFIDAVITS OF SUPPORT
This week, the House voted to approve H.R. 1892, the Family Sponsor Immigration Act of 2001 by an overwhelming margin of 404 to 3. The bill, which passed the Senate by unanimous consent in December, has been sent to President Bush, who is expected to sign it. This bill amends the Immigration and Nationality Act to allow a new sponsor for an affidavit of support when the original petitioner has died. Until now, in most cases, when this occurred, the application for immigration would have to be abandoned because the petitioner in the I-130 would not be able to complete an affidavit of support. H.R. 1892 allows close family members, defined as (a spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild) to file the affidavit of support.
In light of this good news, we decided to revisit the issue of affidavits of support.
For many applicants seeking entry to the United States, the government will require proof that the alien will have adequate financial resources to support themselves while in America. This is the case for certain non-immigrant visas, particularly those where the applicant is not permitted to work while in the US. Form I-134 Affidavit of Support is often used in this situation. People seeking to immigrate to the US must demonstrate that they will not become a public charge after entering the US. A provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 created a new Affidavit of Support, Form I-864, which is much more extensive than the I-134, and creates a legal obligation on behalf of the person who signs it. This legal obligation means that the sponsored immigrants, the federal government or any state government can sue the sponsor if the sponsor fails to support the immigrant. The Affidavit is enforceable either until the immigrant naturalizes or has worked for ten years.
Affidavits of Support are required in all family based immigration cases, and in employment based cases where the alien is related to the owner of the petitioning company.
The key to the Affidavit of Support is the annual poverty level, determined by the Department of Health and Human Services. Sponsors must earn at least 125% of the poverty level, except for sponsors who are on military active duty, who must be able to show income equal only to the poverty level. The poverty level varies with the number of members of a household. The sponsors income must be above the poverty level for the size of the household plus all sponsored immigrants.
In the event the primary sponsor does not earn enough, they can get a co-sponsor. This is done on Form I-864A. The co-sponsor must be a family member, by birth, marriage, or adoption. The co-sponsor becomes legally obligated to provide the same support as the primary sponsor, and the obligation does not end until the immigrants naturalization, or until the immigrant has worked for ten years.
In meeting the poverty guideline, sponsors can rely on all sources of income. In the event that income is not sufficient to meet the income level required, the sponsor can rely on assets. It must be possible to use the assets for the support of the immigrant, and the assets must be convertible into cash within one year.
In addition to all of the other obligations, sponsors and co-sponsors must keep the INS informed of all changes of addresses. Fines can be imposed for failing to do so.
For 2002, the federal poverty guidelines are as follows:
48 Contiguous States and the District of Columbia
Size of family Poverty guideline 125%
1............................................... ,860
,075
2............................................... 11,940
14,925
3............................................... 15,020
18,775
4............................................... 18,100
22,625
5...................
......................... 21,180
26,475
6............................................... 24,260
30,325
7............................................... 27,340
34,175
8............................................... 30,420
38,025
For family units with more than 8 members, add ,080 for each additional member, and ,850 to meet the 125% level.
Alaska
Size of family Poverty guideline 125%
1............................................... ,080
,850
2............................................... 14,930
18,663
3............................................... 18,780
23,475
4............................................... 22,630
28,288
5...................
......................... 26,480
33,100
6............................................... 30,330
37,913
7............................................... 34,180
42,725
8............................................... 38,030
47,538
For family units with more than 8 members, add ,850 for each additional member, and ,813 to meet the 125% level.
Hawaii
Size of family Poverty guideline 125%
1............................................... ,200
,750
2............................................... 13,740
17,175
3............................................... 17,280
21,600
4............................................... 20,820
26,025
5...................
......................... 24,360
30,450
6............................................... 27,900
34,875
7............................................... 31,440
39,300
8............................................... 34,980
43,725
For family units with more than 8 members, add ,540 for each additional member, and ,425 to meet the 125% level.
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