Published: August 3, 2023
Of the 740,000 individuals who received green cards in FY 2021, around 52% were immediate relatives of US Citizens. Notably, this route to permanent residency is an uncapped visa category. Compared to others, this category does not have a statutory limit as to the number of visa approvals per year. If you want to bring someone to the United States through a family visa, we advise you to learn more about visa sponsorship and filing an Affidavit of Support.
Navigating through visa sponsorship can be confusing. Allow ALG Lawyers to guide you through every concept and process. Our competent Los Angeles immigration lawyers are more than happy to attend to your queries.
What is an Affidavit of Support?
An Affidavit of Support is a legally enforceable contract whereby signatories agree to expend their financial resources to support a beneficiary immigrant. Through this document, the signatories become sponsors for the immigrant’s application for permanent residency. In most cases, the sponsors are responsible for filing a petition on behalf of the specified beneficiary.
Who should be filing an Affidavit of Support?
US immigration law requires sponsors to file an Affidavit of Support so that intended beneficiaries may acquire green cards or be allowed to adjust their immigration statuses. Petitioners should possess the following eligibilities:
- At least 18 years old
- Either a US Citizen or a Lawful Permanent Resident (LPR)
- Maintain a residence within the United States
In turn, the sponsors may petition on behalf of the following individuals:
- US Citizens’ parents, spouses, and unmarried children under 21 years old (immediate relatives category)
- Unmarried children of US Citizens who are over 21 years old
- Spouses of LPRs
- Unmarried children of LPRs and their unmarried children
- US citizens’ married children, their married children’s spouses, and their married children’s unmarried minor children
- Siblings of adult US Citizens, their spouses, and their unmarried minor children
What are the obligations of a sponsor?
The main obligation of sponsors when filing an Affidavit of Support is to provide financial support for their intended beneficiaries. The government then reserves the right to recover fees for public benefits such as the Supplemental Insurance Income (SSI) and Temporary Assistance for Needy Families (TANF). If the beneficiary received means-tested public benefits, the sponsor is also liable for repaying the costs relative to the said benefits. It is advisable to consult legal experts to determine which benefits are deemed means-tested public benefits.
Beneficiaries may initiate legal action against sponsors upon failure to provide sufficient financial support.
The duty of sponsors to financially provide for the beneficiary ends when the latter becomes a U.S. Citizen or has acquired a credit worth 40 quarters of work. The sponsors’ financial obligation also ends when they die. However, the sponsor’s estate may continue paying for obligations that became due while the sponsor was alive.
Notably, the obligation continues even when the sponsor and beneficiary become estranged.
What happens when my Affidavit of Support becomes rejected?
USCIS or NVC may reject an Affidavit of Support upon finding discrepancies in the sponsors’ income and their capacity to financially support the beneficiaries. In other cases, USCIS or NVC may have found inconsistencies and clerical errors in the submitted documents. Some information or pages could have been missing as well.
When the reason for rejection is clerical errors or lacking information, most people could refile their applications. To improve your chances of approval and reduce the risk of another rejection, work with an immigration attorney. They can review your application and provide legal advice regarding the different processes.
Affidavit of Support Processing Time
Depending on the circumstances, the overall processing period for an Affidavit of Support is around two months to a year. After USCIS receives the documents, it will forward the submissions to NVC. Then, NVC will review the affidavit and its attachments.
Avoid delays by ensuring everything in the submission is truthful, accurate, and updated. Also, pay the correct filing fees and other necessary dues.
Recommended Tips When Filing an Affidavit of Support
Being prepared helps a lot when filing an Affidavit of Support. You may avoid rookie mistakes that consume your time, energy, and money. Following these tips could help bolster your chances of approval:
Ascertain whether you are eligible or not
Before filling out any forms, determine whether you are eligible as a sponsor or beneficiary. Prioritize resolving all issues on ineligibility so USCIS or NVC may not dismiss your petition on this ground. Also, others may realize that filing an Affidavit of Support may not be their best route to acquire a green card. This step could help you determine which immigration route is best for your situation.
Present a reasonable household income
The sponsors’ income should pass a specific threshold and comply with the Federal Poverty Guidelines. A consistent and reliable household income is crucial because it will provide for the beneficiary whenever they become a public charge. However, sponsors should not make excessive estimations of their household income. Doing so constitutes fraud and prompts immigration agencies to reject your affidavit.
Be precise with calculating the household size
The household size includes the:
- Sponsor
- Their dependents
- Other relatives living with them
- Beneficiaries
Applicants should clearly state their household sizes so immigration offices can accurately estimate the minimum household income that they should maintain. Non-disclosure of other household members may also constitute fraud.
Understand the duties of a sponsor before signing
Becoming a sponsor in an Affidavit of Support is a huge responsibility. Besides cash, the government may also take your assets to satisfy your financial obligations toward the beneficiaries. You may feel confused and overwhelmed by the duties of a sponsor. To make well-informed choices, you may consult immigration attorneys. They could provide clarifications for your concerns.
Check every box before submitting the form
Be thorough when filing an Affidavit of Support and its attachments. You may need to fill out forms and provide specific information. Review thoroughly before submitting any document. Check for empty boxes, especially dates. Many applicants also forget to lodge their signatures. Without it, immigration offices may not accept your submissions and begin the application process.
File as soon as possible
Filing your Affidavit of Support ahead of time helps you adjust whenever unexpected delays happen. Crunching on time all the time can be stressful and could potentially increase your risk of committing mistakes.
Filing Affidavit of Support More Efficiently with ALG Lawyers
Filing an Affidavit of Support is a critical requirement for US citizens and LPRs wanting to reunite with their non-citizen citizen loved ones. Since this process drastically impacts people’s lives, you should never settle for less. Regarding immigration services, ALG Lawyers is a Los Angeles law firm you can count on.
Our immigration lawyers have been in the industry for more than two decades. Their years of legal practice have hardened them into becoming insightful and efficient professionals. Through this, ALG Lawyers could offer superior legal services to every client. Feel free to reach out if you wish to set an appointment.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)