Question: What form is used for the Affidavit of Support?
Answer: If you are obtaining a green card for an individual, the form is I-864. However, if you are trying to obtain a visa for an individual (for example, a tourist or fiancée visa) you will need form I-134.
Question: Who can file the Affidavit of Support?
Answer: INA Section 213A(f)(1) provides the following requirements in order to be eligible as a sponsor: (1) one must be a United States citizen, national, or legal permanent resident; (2) one must be at least 18 years of age; and (3) one must be domiciled within the United States or any United States territory or possession.
Question: What does the law require in order for an individual to be admissible?
Answer: Under INA Section 213A(a)(1), there are four requirements: (1) the petitioner in all family-based immigrant visa petitions must submit an affidavit of support on Form I-864 or I-864EZ; (2) the definition of a sponsor excludes anyone who is not a
United States citizen, national, or lawful permanent resident (green card holder), at least 18 years of age, and domiciled in the United States or a United States territory or possession; (3) the sponsor must evidence “the means to maintain an annual income equal to at least 125 percent of the Federal poverty line”; and (4) the sponsor must agree to “provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty income line,” reimburse any federal or state agency that provides a means-tested benefit to the sponsored alien, agree “to submit to the jurisdiction of any Federal or State court” for enforcement of the affidavit, and inform United States Citizenship and Immigration Services (U.S. CIS) of any change of address.
Question: If a United States citizen lives abroad temporary, can he be considered to be domiciled in the United States if he is living abroad for employment purposes?
Answer: Yes, only if the employment is for one of the following: (1) the United States government; (2) an American institution of research recognized by the attorney general; (3) an American film or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States; (4) a subsidiary of the above film or corporation; (5) a public international organization of which the United States participates by treaty or statute; (6) the citizen is authorized to perform the ministerial or priestly functions of a religious denomination having a bond fide organization within the United States; or (7) the citizen is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bond fide organization within the United States.
Question: If a legal permanent resident (green card holder) lives abroad temporarily, can he be considered to be domiciled in the United States?
Answer: Yes, only if the legal permanent resident applies for and obtains the “preservation of residence” under INA Section 316(b) or 317. Section 316(b) refers to individuals that have been present in the United States for a minimum of one year after receiving legal permanent resident status, and who plan to stay outside of the United States for more than one year. To obtain this benefit, the individual must be working for one of the following: (1) the United States government; (2) an American institution of research organized by the attorney general; (3) an American film or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States; (4) a subsidiary of the above film or corporation, more than fifty percent of whose stock is owned by an American film or corporation; or (5) a public international organization of which the United States is a member by treaty or statute and by which the individual was not employed until after receiving his legal permanent resident status.
Question: What is the process of satisfying the income requirement?
Answer: First, you need to determine if the Petitioner, who is the true sponsor, can demonstrate that he has sufficient household income. If the Petitioner does not meet the income requirement, he may either provide a co-sponsor (this second sponsor must then meet the income requirement) or the sponsor may count certain assets that he, the sponsored immigrant, or other individuals that reside in his residence possess.
Question: What form is used by co-sponsors?
Answer: The co-sponsor will have to fill out the same form as the sponsor, which in an immigrant visa petition (green card case), would be form I-864.
Question: If the Petitioner (sponsor) is married and wishes to use the income of his spouse, what form does the spouse fill out?
Answer: The spouse would fill out form I-864A. Note that household members of the sponsor would also fill out form I-864A.
Question: Which immigrant visa categories (green card categories) do not need to have an Affidavit of Support?
Answer: (1) Applicants under the Cuban Adjustment Act; (2) Persons adjusting based on being granted cancellation of removal or suspension of deportation (are in deportation proceedings); (3) Applicants under the Nicaraguan Adjustment and Central American Relief Act; (4) Registry applicants; (5) Applicants under the Haitian Refugee Immigration Fairness Act; (6) Persons granted asylum or refugee status; (7) Special immigrant juveniles; (8) diversity visa lottery applicants; (9) widows and widowers applying for immigrant status based on prior marriage to a United States citizen (will need to file form I-864W though); and (10) battered spouses and children filing self-petitions based on a relationship to a United States citizen or legal permanent resident spouse or parent who was responsible for the battery or extreme cruelty (will need to file form I-864W though).
Question: During what period of the application process does an individual need to file the Affidavit of Support?
Answer: Under 8 CFR Section 213a.2(a)(1)(ii), this form needs to be filed at the time an intending immigrant is applying for an immigrant visa or adjustment of status. If the individual is applying for an immigrant visa at a United States Embassy, then the form needs to be filed with the National Visa Center prior to the interview at the Embassy. However, if filing for Adjustment of Status in the United States, the form needs to be filed with the I-485 package.
Question: Is the Affidavit of Support enforceable by the United States government?
Answer: Yes. The Affidavit of Support is a contract between the sponsor and the federal government. Under 8 CFR Section 213a.4(a), the sponsored beneficiary, or any federal, state, or local government agency or private entity that provides the beneficiary a benefit, can bring a civil action law suit against the sponsor. The request for reimbursement must include the following: (1) the date the Affidavit of Support was filed; (2) the sponsored immigrant’s name, alien registration number, address, and date of birth; (3) the type of means-tested public benefit the sponsored immigrant received; (4) the dates the immigrant received the benefit; and (5) the total amount of benefits received.
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco and San Jose. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:
San Francisco Office:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710
San Jose Office:
111 W. St. John Street, Suite 513
San Jose, CA 95113
(408) 975-0500
Answer: If you are obtaining a green card for an individual, the form is I-864. However, if you are trying to obtain a visa for an individual (for example, a tourist or fiancée visa) you will need form I-134.
Question: Who can file the Affidavit of Support?
Answer: INA Section 213A(f)(1) provides the following requirements in order to be eligible as a sponsor: (1) one must be a United States citizen, national, or legal permanent resident; (2) one must be at least 18 years of age; and (3) one must be domiciled within the United States or any United States territory or possession.
Question: What does the law require in order for an individual to be admissible?
Answer: Under INA Section 213A(a)(1), there are four requirements: (1) the petitioner in all family-based immigrant visa petitions must submit an affidavit of support on Form I-864 or I-864EZ; (2) the definition of a sponsor excludes anyone who is not a
United States citizen, national, or lawful permanent resident (green card holder), at least 18 years of age, and domiciled in the United States or a United States territory or possession; (3) the sponsor must evidence “the means to maintain an annual income equal to at least 125 percent of the Federal poverty line”; and (4) the sponsor must agree to “provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty income line,” reimburse any federal or state agency that provides a means-tested benefit to the sponsored alien, agree “to submit to the jurisdiction of any Federal or State court” for enforcement of the affidavit, and inform United States Citizenship and Immigration Services (U.S. CIS) of any change of address.
Question: If a United States citizen lives abroad temporary, can he be considered to be domiciled in the United States if he is living abroad for employment purposes?
Answer: Yes, only if the employment is for one of the following: (1) the United States government; (2) an American institution of research recognized by the attorney general; (3) an American film or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States; (4) a subsidiary of the above film or corporation; (5) a public international organization of which the United States participates by treaty or statute; (6) the citizen is authorized to perform the ministerial or priestly functions of a religious denomination having a bond fide organization within the United States; or (7) the citizen is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bond fide organization within the United States.
Question: If a legal permanent resident (green card holder) lives abroad temporarily, can he be considered to be domiciled in the United States?
Answer: Yes, only if the legal permanent resident applies for and obtains the “preservation of residence” under INA Section 316(b) or 317. Section 316(b) refers to individuals that have been present in the United States for a minimum of one year after receiving legal permanent resident status, and who plan to stay outside of the United States for more than one year. To obtain this benefit, the individual must be working for one of the following: (1) the United States government; (2) an American institution of research organized by the attorney general; (3) an American film or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States; (4) a subsidiary of the above film or corporation, more than fifty percent of whose stock is owned by an American film or corporation; or (5) a public international organization of which the United States is a member by treaty or statute and by which the individual was not employed until after receiving his legal permanent resident status.
Question: What is the process of satisfying the income requirement?
Answer: First, you need to determine if the Petitioner, who is the true sponsor, can demonstrate that he has sufficient household income. If the Petitioner does not meet the income requirement, he may either provide a co-sponsor (this second sponsor must then meet the income requirement) or the sponsor may count certain assets that he, the sponsored immigrant, or other individuals that reside in his residence possess.
Question: What form is used by co-sponsors?
Answer: The co-sponsor will have to fill out the same form as the sponsor, which in an immigrant visa petition (green card case), would be form I-864.
Question: If the Petitioner (sponsor) is married and wishes to use the income of his spouse, what form does the spouse fill out?
Answer: The spouse would fill out form I-864A. Note that household members of the sponsor would also fill out form I-864A.
Question: Which immigrant visa categories (green card categories) do not need to have an Affidavit of Support?
Answer: (1) Applicants under the Cuban Adjustment Act; (2) Persons adjusting based on being granted cancellation of removal or suspension of deportation (are in deportation proceedings); (3) Applicants under the Nicaraguan Adjustment and Central American Relief Act; (4) Registry applicants; (5) Applicants under the Haitian Refugee Immigration Fairness Act; (6) Persons granted asylum or refugee status; (7) Special immigrant juveniles; (8) diversity visa lottery applicants; (9) widows and widowers applying for immigrant status based on prior marriage to a United States citizen (will need to file form I-864W though); and (10) battered spouses and children filing self-petitions based on a relationship to a United States citizen or legal permanent resident spouse or parent who was responsible for the battery or extreme cruelty (will need to file form I-864W though).
Question: During what period of the application process does an individual need to file the Affidavit of Support?
Answer: Under 8 CFR Section 213a.2(a)(1)(ii), this form needs to be filed at the time an intending immigrant is applying for an immigrant visa or adjustment of status. If the individual is applying for an immigrant visa at a United States Embassy, then the form needs to be filed with the National Visa Center prior to the interview at the Embassy. However, if filing for Adjustment of Status in the United States, the form needs to be filed with the I-485 package.
Question: Is the Affidavit of Support enforceable by the United States government?
Answer: Yes. The Affidavit of Support is a contract between the sponsor and the federal government. Under 8 CFR Section 213a.4(a), the sponsored beneficiary, or any federal, state, or local government agency or private entity that provides the beneficiary a benefit, can bring a civil action law suit against the sponsor. The request for reimbursement must include the following: (1) the date the Affidavit of Support was filed; (2) the sponsored immigrant’s name, alien registration number, address, and date of birth; (3) the type of means-tested public benefit the sponsored immigrant received; (4) the dates the immigrant received the benefit; and (5) the total amount of benefits received.
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco and San Jose. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:
San Francisco Office:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710
San Jose Office:
111 W. St. John Street, Suite 513
San Jose, CA 95113
(408) 975-0500
No comments:
Post a Comment