A U.S. citizen or permanent resident sponsoring a foreign national relative to become a U.S. permanent resident must accept legal responsibility for financially supporting that relative until he or she becomes a U.S. citizen or can be credited with 10 years (i.e., 40 qualifying quarters) of work. An affidavit of support is a document completed and signed by a U.S. citizen or permanent resident accepting this responsibility and becoming a sponsor of that relative.

By signing an affidavit of support, the sponsor in effect enters into a contract with the U.S. government. The consideration of the contract is the sponsored immigrant becoming a permanent resident. Under the contract, the sponsor agrees that in considering whether the sponsored immigrant can establish that he or she is not inadmissible to the United States as an alien likely to become a public charge, the U.S. government can consider the sponsor’s income and assets to be available for the support of the sponsored immigrant.

Sponsor’s Responsibility

When a U.S. citizen or permanent resident becomes a sponsor of an alien relative, the sponsor is agreeing to support the immigrant at an annual income of at least 125 percent of the federal poverty guidelines, until he or she becomes a U.S. citizen or until the beneficiary relative – usually the sponsor’s parent or spouse or child has worked in the United States for 10 years (i.e., 40 qualifying quarters).

In addition, it is important to note that if the sponsored immigrant receives any “means-tested public benefits,” then the sponsor is responsible for repaying the agency that provided the benefits. Federal means-tested public benefits include food stamps, Medicaid, supplemental security income (SSI), temporary assistance for needy families (TANF), and the State Child Health Insurance Program (SCHIP). One should check with their state and local jurisdictions to see which programs are designated as means-tested public benefits.

Eligibility Requirements of a Sponsor

 In order to become a sponsor, certain eligibility requirements must be met. For family-based immigration, the family member petitioning for the immigrant must be the sponsor. For employment-based immigration, if the immigrant visa or adjustment of status application is based on an approved employment-based petition filed by a relative of the alien or by an entity in which such relative has a significant ownership interest, the petitioning relative or a relative with a significant ownership interest (i.e., 5% or more) in the petitioning entity must be the sponsor.

As mentioned above, the sponsor must also show the means to maintain an income of at least 125 percent of the federal poverty guidelines. This requirement must be met at the time the immigrant visa or adjustment of status application is made. If the sponsor cannot demonstrate the means to maintain income equal to at least 125 percent of the poverty line, the sponsor and the sponsored immigrant must demonstrate that significant assets are available for the support of the sponsored immigrant, or a joint sponsor must execute an additional Affidavit of Support. A joint sponsor must meet all the requirements as a sponsor but does not need to be related to the immigrant.

Federal Poverty Guidelines

One needs to know what the federal poverty guidelines are in order to determine whether he or she is eligible to become a sponsor. The Department of Health and Human Service issues the federal poverty guidelines each year, which can be found on their website (http://www.hhs.gov/). In order to be eligible to become a sponsor, the sponsor must show that he or she has an income of at least 125 percent of the federal poverty guidelines based on the number of persons in the household. In addition, if the sponsor is currently on active duty in the U.S. armed forces, and the sponsored beneficiary is the spouse or child, then the sponsor’s income just has to equal 100 percent of the U.S. poverty level for the sponsor’s family size.

Petitioners That Do Not Require an Affidavit of Support

There are certain exceptions to the affidavit of support requirement. Following is a list of petitioners who are not required to submit an affidavit of support:

  • Self-petitioning alien spouse who has been abused by the citizen or resident spouse;
  • Self-petitioning children of U.S. citizens or permanent residents who have been abused by the citizen or resident parent;
  • An alien widow(er) of a U.S. citizen and the alien’s children;
  • Immigrants under the diversity visa program;
  • Most employment-based immigrants;
  • Family members of employment-based immigrants who are accompanying, or following to join the principal immigrant.


Consequences of the Sponsor Failing to Fulfill His or Her Responsibilities

As stated above, when a sponsor signs an affidavit of support, he or she enters into a contract with the U.S. government. Therefore, there are consequences if the sponsor fails to comply with the responsibilities stated in the affidavit of support. If the sponsor does not provide sufficient support as agreed, the sponsored immigrant may sue the sponsor for support. If a federal, state or local agency, or a private agency provides any means-tested public benefit to the sponsored immigrant, the agency may ask the sponsor to reimburse them for the amount of the benefits provided. In the event that the sponsor does not make the reimbursement, the agency may sue the sponsor for the amount that the agency believes the sponsor owes.

 If a sponsor is sued, and the court enters a judgment against the sponsor, the person or agency suing the sponsor may use any legally permitted procedures to enforce or collect the judgment. Furthermore, the sponsor may be required to pay the costs of collection, including attorney fees. Therefore, it is important for potential sponsors to know the eligibility requirements and responsibilities and to make sure they satisfy them before deciding to be a sponsor.

Termination of the Sponsorship

In addition, it is important to note that the obligations of a sponsor terminate in the following situations:

  • Upon death of the sponsor (the deceased sponsor’s estate is not required to take responsibility for the intended immigrant’s support);
  • When the sponsored immigrant becomes a U.S. citizen;
  • When the sponsored immigrant has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
  • When the sponsored immigrant no longer has lawful permanent resident status, and has departed from the United States;
  • When the sponsored immigrant becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
  • When the sponsored immigrant dies.


It also bears noting that divorcing a sponsored immigrant does not terminate the sponsor’s obligations under the affidavit of support. Therefore, one should take the responsibility of being a sponsor seriously since the sponsorship terminates only under very specific and limited situations.

Conclusion

Being a sponsor and signing an affidavit of support entails responsibilities that can last for an extended time. Therefore, one must carefully consider the pros and cons of becoming a sponsor before he or she makes the decision to sponsor an alien relative.

Please note: Immigration laws and regulations are constantly changing and this article is provided for informational purposes only and is not to be construed or relied upon as legal advice under any circumstance. Please refer to our legal disclaimer for additional details.

 

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