Sponsoring an immigrant to the United States means taking on the legal responsibility to support an immigrant financially and ensuring they do not become a public charge. The sponsor is typically a U.S. citizen or a lawful permanent resident (green card holder). They file an affidavit of support (Form I-864) to demonstrate their ability to support the immigrant financially.
Form I-864, Affidavit of Support, is a document required by the United States Citizenship and Immigration Services (USCIS) for certain immigrants applying for lawful permanent residency, commonly known as a green card. A sponsor typically submits the form. And this sponsor agrees to financially support the immigrant beneficiary and ensure they do not become a public charge.
Signing Form I-864 is a serious commitment, as it constitutes a legally binding contract between the sponsor and the U.S. government. By signing this affidavit, the sponsor agrees to provide financial support to the immigrant beneficiary at an income level that is at least 125% of the Federal Poverty Guidelines. This ensures that the immigrant has the means to support themselves without relying on public assistance.
The financial responsibility associated with signing the affidavit of support typically lasts until one of the following conditions is met:
If the immigrant beneficiary receives any means-tested public benefits, the government has the right to seek reimbursement from the sponsor. Additionally, if the sponsor fails to fulfill their financial obligations, the immigrant beneficiary or the government can take legal action to enforce the contract.
Overall, signing Form I-864 entails a significant and long-term financial commitment. Sponsors are legally obligated to support the immigrant beneficiary until certain conditions are met, as outlined above.
Under Section 213A of the Immigration and Nationality Act (INA), the I-864 is a legal contract between the sponsor and the U.S. Government. By signing the I-864, the sponsor agrees to use their financial resources to accept financial responsibility for the green card applicant coming to the United States. This is true even if the sponsor and the immigrant divorce after their immigration application is approved.
The immigration attorneys at Godoy Law Office work with you to evaluate your immigration status. And we guide you in your journey to becoming a U.S. citizen. If you need help with an immigration issue, please contact our office at 630-345-4164.
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
