Affidavit of Support 101: What It Is and Why It’s So Important for Family Immigration

When you petition a family member to become a lawful permanent resident of the United States, you become financially responsible for them. This financial responsibility is a key part of the application process for most applicants who are subject to the public charge ground of inadmissibility under INA 212(a)(4). This means that a person may be denied a green card (or other admission to the U.S.) if an immigration officer believes they are “likely at any time to become a public charge.” In other words, from a public policy standpoint, the officer thinks the Applicant may become primarily dependent on government assistance to meet basic needs, thereby becoming a “public charge.”

At the time of applying for either an Adjustment of Status or an Immigrant Visa through Consular Processing, to prove you can support your family member, you are required to submit Form I-864, Affidavit of Support, under section 213A of the Immigration and Nationality Act. This blog post will discuss the Affidavit of Support in more detail, including who is required to file it and the necessary supporting documentation.

USCIS Now Applies a Narrower Interpretation of “Public Charge” (2022 Rule):
The following benefits used by an Applicant do NOT count against an Applicant in a public charge analysis, which means using these programs will not make the Applicant inadmissible on public charge grounds: Medicaid (except for long-term institutionalization), SNAP (food stamps), WIC, CHIP, Section 8 housing vouchers, Public housing, COVID-related assistance, School lunch programs, Unemployment benefits, and State or local health programs.

Public Benefits that USCSIS will Consider in Public Charge Determination:
Public cash assistance for income maintenance, such as: Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), State/local cash assistance (sometimes called “General Assistance”), and Long-term institutionalization at government expense, like being placed in a nursing home or psychiatric hospital paid for by the government.

Totality of Circumstances Test:

USCIS considers the following factors in determining whether an Applicant will become a public charge: Age, health, family status, assets, income, resources, and education and skills.

The Affidavit of Support (form I-864) is an essential part of the public charge determiantion and it is crucial a complete and accurate I-864 Affidavit of Support be submited in family based immigration cases.

What is An Affidavit of Support?

Affidavit of Support is a contract you sign as a legal financial sponsor when you petition for a family member to become a lawful permanent resident of the United States. By signing the Affidavit of Support, you assume financial responsibility for your family member and pledge to provide adequate financial support to them and prevent them from becoming a public charge. This obligation extends until your family member becomes a U.S. citizen, earns 40 qualifying quarters of work credit, or leaves the country permanently. It is a crucial component of the family immigration process as it demonstrates to the U.S. government that your family member will not become a financial burden on the state.

What is a Public Charge?

A Public Charge is an assessment conducted by immigration officers while deciding on certain immigration application processes to evaluate whether the applicant may become reliant on the government for subsistence. If the officer determines that the applicant is likely to rely on government support in the future, their application can be denied. This is because the government seeks to ensure that those who immigrate to the country are self-sufficient and will not become a financial burden on the state. Therefore, the Public Charge assessment plays a crucial role in the immigration process, particularly for those seeking family-based immigration benefits..

Who Needs to Submit an Affidavit of Support in Family-Based Immigration Cases?

An Affidavit of Support is a legally binding document that ensures an immigrant has financial support and will not become a public charge in the United States. The following categories of immigrants are required to submit an Affidavit of Support:

• Immediate Relatives of U.S. Citizens: This category includes spouses, parents, and unmarried children under 21 years old of U.S. citizens.
• Family-Based Preference Categories: This category includes adult children (above 21 years old) and siblings of U.S. citizens and spouses and unmarried children of lawful permanent residents.

Who Can Be a Sponsor?

To be a sponsor, you must meet the following criteria:

• Be a U.S. citizen or lawful permanent resident.
• Be at least 18 years old.
• Be domiciled in the U.S. or a U.S. territory or possession.
• Have the means to maintain an annual income equal to at least 125% of the Federal Poverty Guidelines. If you cannot meet the income requirement, you may be able to use a joint sponsor who meets the income requirement or rely on particular assets.
• Income must be from a legal source

What Are the Documents Required for Sponsorship?

When submitting Form I-864, Affidavit of Support, you will need to provide the following documents to demonstrate your eligibility to sponsor an immigrant:

Proof of U.S. Citizenship or Lawful Permanent Resident Status

• U.S. Citizen: Copy of your birth certificate, U.S. passport or Certificate of Naturalization
• Lawful Permanent Resident: Copy of both sides of your Permanent Resident Card (Green Card).

Income Documentation

You must prove that you have sufficient income to support the sponsored immigrant(s) and that your income meets the minimum requirements set by the Poverty Guidelines.

• Most Recent Pay Stubs: Covering at least the previous three months to demonstrate consistent employment and income.
• Recent Letter from Your Employer: On company letterhead, stating your position, salary, and length of employment.
• IRS Tax Return Transcript: This is preferred by USCIS and the Department of State. One can download your IRS “Tax Return Transcript” for free from the Internal Revenue Service (IRS) website directly: https://www.irs.gov/individuals/get-transcript

Additional Documentation We Recommend To Enclose
Depending on your circumstances and source of income, you may need to provide additional documentation, such as:

• Self-Employment Documentation: If you are self-employed, you may need to provide business tax returns, profit and loss statements, and other evidence of business income and/or licenses.
• Asset Documentation: If your income alone does not meet the requirements, you may be able to use assets such as bank statements, real estate appraisals, and investment account statements to supplement your income.
• Household Size and Affidavit of Support: You must provide the number of people in your household and complete Form I-864A, Contract Between Sponsor and Household Member, for any household members who are combining their income with yours.

Bottom Line

Under the current rule, most family-based applicants will not be found inadmissible on public charge grounds as long as they have a sufficient sponsor and aren’t likely to rely on cash assistance or long-term institutionalization.

The most common issue our firm encounters with regards to the Affidavit of Support is not so much a USCIS determination of inadmissibility based on public charge but that the Petitioner submitted a deficient or wrongly completed Affidavit of Support. We receive many queries from prospective clients who have been issued Request for Evidence or Denials due to wrongly completed I-864 Affidavit of Support applications, which can be avoided. For more comprehensive information, read our other blog post, Affidavit of Support (Form I-864): Your Key to Ensuring Family Reunification in the United States. 

How Can HBM Law Offices Help?

The Affidavit of Support is a crucial legal document in the realm of family-based immigration. To avoid potential consequences of a deficient Affidavit of Support, seek guidance from an experienced immigration attorney. Our Immigration Attorney, Himani Bhardwaj, can assist you in understanding the intricacies of the form, provide you with alternatives to meet the Affidavit of Support eligibility criteria, and guide you through the entire process. Our expertise can help you avoid costly mistakes and ensure that your family’s immigration journey is as smooth as possible.

Remember, your decisions today can impact your family’s future, so it’s crucial to have a knowledgeable professional by your side. Connect with our experienced Immigration Attorney at HBM Law Offices in Iowa today and take the first step towards a smoother immigration journey for your family.