USCIS proposes new public charge rules: changes impact public benefits and the Form I-864 for adjustment applicants
A version of this article will appear in Bender's Immigration Bulletin and is republished here…
Certain green card holders are legally entitled to receive financial support from their immigration sponsors. Exactly who qualifies for support?
The Affidavit of Support is required in virtually every family-sponsored immigration cases. If you immigrated got yoru visa or green card from a petition filed by a family member, chances are high that an Affidavit of Support was signed in your case.
But just to be clear, family-sponsored cases would include anyone who got their immigrant visa or green card through a…
The sponsor’s financial support obligation is tied to the federal poverty line. Specifically, the sponsor has to ensure that your income is at least equal to 125% of the poverty line for your household size. If your income has been below this level while the I-864 contract was in effect, then your sponsor has a legal responsibility to provide support to you.
The current (2021) federal poverty guidelines are as follows:
Your sponsor’s legal duties under the Affidavit of Support started the moment you became a U.S. resident (green card holder). If your income was below 125% of the poverty line at any point after you became a resident, your sponsor could be liable under the Affidavit of Support.
Finally, you need to examine whether your the Affidavit of Support signed by your sponsor is still in effect. This is generally easy to assess, because there are only five things that end the I-864 contract. If none of these have happened, the support contract should still be in effect. They are…
Those are the only events that terminate the Affidavit of Support. Importantly, divorce from a sponsor does not terminate the Affidavit of Support.
If you answered yes to questions (1) and (2), and if none of the conditions in (3) apply to you, then you may have a claim under the Affidavit of Support. If you would like us to take a look at your potential claim, free of charge, use the confidential contact link below.