One of the required steps in the family-based immigration process is the preparation and filing of the Affidavit of Support. Depending on a person's individual circumstances, this can be a complex piece of the US immigration process due to its numerous substantive and procedural requirements.
Generally, the Following Individuals Are Required to File an Affidavit of Support
US Government Authority and Reasons for Requiring an Affidavit of Support
The US Immigration and Nationality Act requires all family-based immigrants and certain employment-based immigrants to have an Affidavit of Support filed for their benefit. INA § 212(a)(4) provides that a person can be denied a US visa if the consular officer believes that he or she is likely to become a 'public charge'; that is, likely to receive need-based benefits from the US government (informally known as welfare). If the US citizen or lawful permanent resident does not sign an Affidavit of Support, the relative they are seeking US immigration benefits for may be unable to immigrate to the USA.
The Affidavit of Support Sponsor Must
Legal Obligations Undertaken by the I-864 Affidavit of Support Sponsor
The Affidavit of Support is a legal, enforceable contract between the US citizen or lawful permanent resident sponsor and the United States government. By signing the Affidavit of Support, the sponsor agrees to the following:
US immigration law concerning Affidavit of Support requirements is extremely complex and provides numerous exceptions to the general rules. The brief information above does not constitute legal advice and cannot do this complicated issue justice. This article is not a substitute for obtaining legal advice from a qualified US immigration attorney, tailored to your specific US immigration case and circumstances.
United States Citizenship and Immigration Services (USCIS) provides tips for filing Form I-864A, Contract Between Sponsor and Household Member and tips for filing Form I-864EZ, Affidavit of Support Under Section 213A of the INA.
Located in central London, UK, the American Immigration Law Office LTD regularly assists US citizens and 'green card' holders petition their foreign spouse and other qualifying relatives in relocating to the USA. Need help navigating the complexities of the US immigration maze and understanding how you can meet Affidavit of Support requirements? The firm's US immigration lawyer in London is prepared to examine your particular situation, advising you about your eligibility to act as an Affidavit of Support sponsor in London and ways in which you can solidify your application. Contact us today to discuss your immigration case!