What is an Affidavit of Support?

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The United States Citizenship and Immigration Services (USCIS) recognizes the importance of keeping families together during the immigration process. That said, U.S. citizens and lawful permanent residents aged 21 or older can sponsor their family members for immigration. However, with most family-based immigrant and some employment-based immigrant visas, the sponsor must prove they have adequate financial means to provide for their relative and won’t rely on the U.S. government for support once they arrive. This is accomplished with an Affidavit of Support. If you intend on sponsoring a loved one for immigration, it’s in your best interest to contact a knowledgeable Essex County Immigration Attorney who can help guide you through each phase of this complex legal process. Please continue reading to learn more about the purpose behind this contract. 

What is the Purpose of an Affidavit of Support?

An Affidavit of Support is intended to assist consular officers in determining whether a visa applicant will have adequate means of financial support in the U.S. and will not become a public charge. It’s crucial to note that a public charge is someone who is dependent on the U.S. government for support. By signing Form I-864, as the petitioner, you accept financial responsibility for the immigrant you’re sponsoring, meaning you agree to use your resources to support them if necessary. It’s crucial to understand that the petitioner who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident.

Moreover, it’s important to understand that an Affidavit of Support is legally enforceable until the family member or other individual being sponsored dies, becomes a U.S. citizen, is credited with 40 quarters of work (typically ten years) under the Social Security Act, or permanently moves out of the U.S.

What Are the Income Requirements?

As a sponsor or joint sponsor, you must meet specific income requirements. You must demonstrate that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. According to federal poverty guidelines, the more people are supported in your household, the higher your annual income must meet the minimum requirements. It’s important to note that your household size includes you, your dependents, any relatives living with you, and the immigrants you’re sponsoring.

If you’re considering becoming a sponsor, please don’t hesitate to contact an adept Essex County immigration attorney from the Law Offices of Christopher T. Howell, Esq., who can help you navigate this complex process. Our firm is committed to providing our clients with effective legal services. Contact our office today to schedule a consultation.