top of page

What is the affidavit of support?

One of the most controversial issues in recent months regarding immigration has been the affidavit of support. In today's blog we will be explaining what it consists of. The affidavit of support must accompany all requests for adjustments of status that are made under family petitions and consists of a contract that the member signs, where they commit to use their financial resources to support the immigrant who they are sponsoring. This promise that the insurer makes, places the sponsor as responsible for the immigrant for a period of ten years, or until the immigrant becomes a citizen of the United States. This means that if the sponsored immigrant requests any mean-tested public benefit, the sponsor could be sued, both by the agency that disburses the money, and by the sponsored immigrant, to reimburse that amount. The sponsor should always be the person who made the family request. To be a sponsor, you must also have the minimum required income, which must be equal to or greater than 125% of the poverty level of the United States. If the sponsor is serving on active duty in the Armed Forces, and the affidavit is in favor of their spouse or children, they must demonstrate only that their income is equal to or greater than 100% of the poverty level in the United States. To determine this amount, you must take into consideration all the people in your household. If for some reason you do not meet the required income to become the sponsor, there are two options that you can exercise. The first is to include the value of all your assets. Your assets are your savings accounts, stocks, bonds, and properties, both personal and real estate that you own. To find out if your assets are sufficient, you must subtract your income from the required income, and your assets must be five times the difference between your income and the required income. If you are sponsoring your spouse or your child under the age of eighteen, this amount should only be three times higher. The second option, and perhaps the most used by all, is to include a co-sponsor. A co-sponsor of an affidavit of support, will assume the same responsibility to the immigrant as the primary sponsor. The only difference is that this co-sponsor may not be related to the immigrant they are going to sponsor. However, if the immigrant receives any benefit in the future, the co-sponsor will be responsible, to the same extent as the sponsor, for returning this money to the corresponding agency. As we mentioned, to be a co-sponsor, it is not necessary to be related to the immigrant, but it is necessary that the co-sponsor, by itself, meet the minimum income required. Sponsor and co-sponsor income cannot be combined to meet the minimum required income. The affidavit of support is an extremely important document that will determine your family member's future immigration. If you need help, contact an attorney. At Y. Morejon Attorney, P.A. we work immigration cases. We have helped many families start a life together in the United States. Let us help you with your case. The first consultation is free. At Y. Morejon Attorney, P.A. Your problem is our problem.

Legal Disclaimer Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

1 view0 comments


bottom of page