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VISA SPOTLIGHT: 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, and for permanent residency applicants who are excludable if it is likely they will become a "public charge," that is, they are likely to seek public assistance after entering the US. One of the most common ways applicants demonstrate that they have adequate financial resources is by submitting a Form I-134 Affidavit of Support signed by a person who has adequate financial resources to support the applicant and who agrees to be legally obligated to provide support.
There are a number of new provisions in the Illegal Immigration Reform and Immigrant Responsibility Control Act of 1996 ("IIRAIRA") which affect Affidavits of Support. Section 551 of IIRAIRA outlines the new rules. The INS will be issuing in the next few months a new Form I-134 Affidavit of Support. The law required the INS to issue the form by January 1st of this year, but the INS has already missed the deadline. The new form is to become effective two to three months after the form is published. This means that the old rules are still going to be effective until at least March of this year. One of the most important aspects of the new forms are that they will be enforceable contracts. This means that the sponsored alien, the federal government, and any state government can sue the sponsor if the sponsor refuses to support the alien. The Affidavits are enforceable until the alien naturalizes or has worked for ten years.
Under the old rules, the sponsor only needed to show they earned an annual income level of at least the poverty level as determined by the US Department of Health and Human Services. Under IIRAIRA, the sponsor must earn at least 125% of the annual poverty level. Active servicemen and women in the US armed services can continue under the old rules and meet 100% of the poverty level. The sponsor's income must be enough to support the sponsor's family as well as the sponsored alien's family. The most recent poverty guidelines are as follows:
The Department of Health and Human Services has issued new poverty guidelines. These guidelines are particularly important to immigration applicants since they provide a benchmark for determining whether someone will become a public charge. The ability to demonstrate that one has the income level to remain above poverty is necessary to establish eligibility for permanent residency. Furthermore, new immigration legislation may require sponsors for immigration to demonstrate that they have an income level above the poverty line. The following are the 1996 Poverty Guidelines for the 48 contiguous states and the District of Columbia: 

1 family member - $7,740
2 family members - $10,360 
3 family members - $12,980 
4 family members - $15,600 
5 family members - $18,220 
6 family members - $20,840 
7 family members - $23,460 
8 family members - $26,080
If the sponsor does not make the 125% test, the sponsored alien can seek a co-sponsor who is willing to assume joint and several liability. In addition to the other obligations assumed, a sponsor must also notify the INS every time the sponsor moves. The sponsor is subject to being fined if he or she fails to notify the INS. 
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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.