ALERT: On , President Biden issued Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which revoked a , presidential memorandum issued by former President Trump. Consistent with this executive order, on , the Department of Homeland Security withdrew the , proposed rule, Affidavit of Support on Behalf of Immigrants, that proposed changes to regulations governing affidavit of support requirements under section 213A of the Immigration and https://rksloans.com/title-loans-ut/ Nationality Act.

Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.

An affidavit of support is a legally enforceable contract, and the sponsor’s responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).

The law concerning the affidavit of support is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a.

The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner to obtain an immigrant visa or adjustment of status:

Any joint sponsors and household members who allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant

• All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences:
• First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)
• Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children
• Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children
• Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children

Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER:

Any joint sponsors and household members who allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant

• Already worked 40 qualifying quarters as defined in Title II of the Social Security Act
• Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act
• Are the child of a U.S. citizen and if admitted for permanent residence on or after , would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States.

If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money.