Do you have a client who you believe may have a case under the Affidavit of Support? We are happy to offer a confidential, no-cost review of your client’s potential claim.

Instructions:

• Please complete the questionnaire with your client present.
• Please answer all questions to the best of your, and your client’s, ability.
• The questionnaire takes approximately 20 minutes to complete.
• After submission, we will reach out to you directly as soon as the initial review is complete. Normally this is within one business day.
• We will be happy to schedule a follow-up phone call with you to discuss our case review.

Who might have a case under the I-864, Affidavit of Support?

To have a viable case under the Affidavit of Support, normally you must be able to answer “yes” to the following four questions:

1. “Does your client have a green card?” To have a viable claim, your client must have acquired status as a “lawful permanent resident (LPR)” or “conditional lawful permanent resident (C-LPR).” This is normally called a green card. If your client is undocumented or does not have legal status, they normally will not have a viable claim for support.
2. “Did your client get their green card through a spouse or family member?” The Affidavit of Support is signed in virtually all family-sponsored immigration cases. To have a case, someone must have served as the Form I-130 petitioner for your client. If your client obtained their green card through marriage, the Affidavit of Support was almost certainly signed.
3. “Is your client separated from their spouse/sponsor?” Normally, your client will have a strong case for financial support only after they have separated from their sponsor. However, if they are considering separation, we are happy to discuss the options they may have available.
4. “Has your client been unemployed or earning less than $1,300/month?” Financial support under the Affidavit of Support is tied to 125% of the federal poverty line. To have a claim, your client’s income must have fallen below that level, which is about $1,300/month for a household of one. If your client has been unemployed, or earning little, since they obtained residential status, they may have a claim for support.