An I-864 affidavit of support is a document that must be completed by all petitioners for family-based and some employment based sponsorship. In completing the I-864 affidavit of support, the petitioner’s or joint sponsor’s income must meet the above poverty guidelines to avoid a denial.
In the affidavit of support, an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently. The person who signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States. An affidavit of support is legally enforceable; the sponsor’s responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or can be credited with 40 quarters of work (usually 10 years).
If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.
In some cases, the sponsor/petitioner does not have the income required by law and would have to get a joint sponsor to also complete an affidavit of support. A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.
The following individuals are required by law to submit an I-864 Affidavit of Support, completed by the petitioner to obtain an immigrant visa or adjustment of status:
All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21)
Relatives who qualify for immigration to the United States under one of the family based preferences such as: unmarried, adult sons and daughters of U.S. citizens (adult means 21 years of age or older); spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children; married sons and daughters of U.S. citizens, their spouses and their unmarried minor children; and brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children.
Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition.
Failure of a sponsor/petitioner to submit an I-864 affidavit of support or to meet the income requirement would result in denial of visa issuance or denial of adjustment of status. If you change your address after you become a sponsor, you are required by law to notify the USCIS within 30 days by filing Form I-865, Sponsor’s Notice of Change of Address. If you fail to notify the USCIS of your change of address, you may be fined.
For more information on I-864 Affidavit of Support,
ORLANDO, Fla. – The long lines at the Enforcement and Removal Operations office for Immigration in Orlando have subsided, but folks are still expressing concerns getting through.
With the recent influx of immigrants coming through the southwest border, ICE offices like the one in Orlando are being asked to process new border migrants, creating a buildup.
Spectrum News 13 interviewed several immigrants on Tuesday that said they got inside the office, but didn’t get their problems addressed. Most of them received another appointment to come back at another time, in person.
Congressman Darren Soto met with the local manager of the Orlando ICE office Tuesday afternoon, following a letter he wrote to Homeland Security about the delays people are dealing with.
“I am very pleased by the discretionary things they’re putting in place to prioritize pregnant women, families and those with disabilities. We also saw the lines start moving quite a bit because of things within their discretion,” Soto said. “What we need from up top is more resources and more personnel here.”
ICE is directing folks to visit their website and make an online appointment here:
WASHINGTON — The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.
“Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries,” said Secretary Alejandro N. Mayorkas. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”
A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely. These conditions result from the full-scale Russian military invasion into Ukraine, which marks the largest conventional military action in Europe since World War II. This invasion has caused a humanitarian crisis with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or water or access to food, basic supplies, shelter, and emergency medical services.
Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022 will not be eligible for TPS. (more…)
Since March 2020, the COVID-19 pandemic has dramatically affected the Department of State’s ability to process immigrant visa applications. U.S. embassies and consulates are working to resume routine visa services on a location-by-location basis as expeditiously as possible in a safe manner. However, the pandemic continues to severely impact the number of visas most embassies and consulates abroad are able to process. The particular constraints vary based on local conditions and restrictions, but include local and national lockdowns; travel restrictions; host country quarantine regulations; and measures taken by each embassies and consulates to contain the spread of COVID-19.
Immigrant Visa applicants whose cases completed processing at NVC and ready for interview as of December
Number of Immigrant Visa applicants scheduled for January 2022 interview appointments
Immigrant Visa applicants still pending the scheduling of an interview after January 2022 appointment scheduling was completed
The Biden administration will be easing travel restrictions on all fully vaccinated international travelers for air travel and land borders effective on November 8, 2021.
On October 13, 2021, DHS Secretary Mayorkas announced that DHS will lift Title 19 restrictions for land and ferry border crossings from Canada and Mexico in two phases. In early November 2021, consistent with the rescission of the INA 212(f) COVID-19 entry bans for air travelers, DHS will first allow non-essential travel across the land and ferry borders for fully vaccinated individuals, while still allowing essential travel for unvaccinated individuals. In early January 2022, DHS will then require all foreign travelers, whether essential or not, to be fully vaccinated. There will be limited exceptions to these requirements, such as for children. This announcement only applies to regular land and ferry border crossings and does not lift the Title 42 restrictions for irregular land and ferry border crossings.
On October 11, 2021 it was confirmed via a CDC spokesperson that only vaccines that are approved or authorized by the Food and Drug Administration (FDA) or listed for emergency use by World Health Organization (WHO) will be accepted for international travelers seeking to travel to the United States.
As of the date of this update, the accepted vaccines are as follows:
FDA Authorized/Approved: Moderna, Johnson & Johnson and Pfizer-BioNTech
WHO Approved: Moderna, Johnson & Johnson, Pfizer-BioNTech, Oxford-AstraZeneca/Covishield, Sinopharm, and Sinovac.
While much is not yet known about the implementation of the administration’s new travel requirements, it appears that as vaccines are added to the approved/authorized list by either the FDA or WHO, it will subsequently be accepted for international travelers. AILA will continue to provide additional updates on the implementation of these new requirements.
11th Circuit Court of Appeals Concludes That Petitioner’s Federal Conviction for Making False Statements in an Immigration Application Was an Aggravated Felony
The court denied the petition for review, holding that because the petitioner was convicted of making false statements in an immigration application in violation of 18 USC §1546(a) and his sentence was for greater than one year, his conviction expressly fell within the definition of an aggravated felony in INA §101(a)(43)(P).
Accordingly, the court found that the BIA properly dismissed the petitioner’s appeal, because the IJ correctly denied his motion to terminate his removal proceedings and his application for cancellation of removal on the ground that his §1546(a) convictions were aggravated felonies. (Germain v. Att’y Gen., 8/18/21)
U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding health-related grounds of inadmissibility in accordance with recently updated requirements issued by the Centers for Disease Control and Prevention (CDC). The updated guidance, which is effective October 1, 2021, requires applicants subject to the immigration medical examination to submit COVID-19 vaccination records before completion of immigration medical examinations conducted in the United States and overseas.
In general, those applying to become a lawful permanent resident, and other applicants as required, must undergo an immigration medical examination to show they are free from any conditions that would render them inadmissible under health-related grounds. USCIS designates eligible physicians as civil surgeons to perform this immigration medical examination for those applying within the United States using the Report of Medical Examination and Vaccination Record (Form I-693).
On August 17, 2021, the CDC released an update to the Vaccination Technical Instructions for Civil Surgeons, requiring applicants subject to the immigration medical examination to complete the COVID-19 vaccine series (currently one or two doses, depending on formulation) and provide documentation of vaccination to the civil surgeon before completion of the immigration medical examination.
Explains that, beginning October 1, 2021, applicants who are required to undergo the immigration medical examination must complete the COVID-19 vaccine series before the civil surgeon can complete the immigration medical examination and sign Form I-693.
Explains that the civil surgeon may indicate that a blanket waiver could apply in cases where the COVID-19 vaccine is not age appropriate, where it is contraindicated, or where it is not routinely available in the state where the civil surgeon practices or where it is limited in supply
Vaccination Requirements for Immigrants
The Immigration and Nationality Act (INA)2 specifies the following vaccinations:
Mumps, measles, rubella;
Tetanus and diphtheria toxoids;3
Haemophilius influenza type B; and
CDC requires the following additional vaccines for immigration purposes:
For more information on #COVIDvaccine for Form I-693 Immigration Medical ,
Starting Sept. 4, 2021, U.S. Citizenship & Immigration Services is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We are making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.
The expired green card AND the Form I-751 receipt notices can be used to renew driver’s license, provide to employer and travel in and out of the U.S.
Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.
Additionally, we will issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 before Sept. 4 and whose cases are still pending. Those receipt notices will also serve as evidence of continued status for 24 months past the expiration date on their Green Card.
For more information on I-751 Receipt Extended to 24 months for Conditional Permanent Residents ,
President Biden announced that it is plans to ease travel restrictions on all international travelers coming into the United States beginning in early November 2021. The White House will rescind the current geographic COVID-19 related travel bans implemented for individuals from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India and will instead move forward with solutions to deter the spread of COVID-19 based on individuals, rather than restrictions placed on entire countries or regions.
In place of these bans, all international travelers will be required to prove that they have been fully vaccinated against COVID-19, as well as provide proof of a negative COVID-19 test within three days of boarding a flight to the United States. The CDC will provide information regarding which vaccines will be accepted.
Limited exceptions such as for children; COVID-19 vaccine clinical trial participants; and humanitarian exceptions for people traveling for an important reason and who lack access to vaccination in a timely manner will be available. Individuals who are exempted from the vaccine requirement may be required to be vaccinated upon arrival.
The administration will also be making additional recommendations to stop the spread of COVID-19, including 1) continuing the mask mandate through January 18, 2022; 2) expanding pre-departure and post-arrival testing requirements; and 3) implanting a contact tracing order for airlines.
The administration said it needs until early November to establish processes and procedures to fully implement this decision. (more…)
Current immigration law contains a provision called “registry” that allows certain non-citizens who are long-term residents of the United States, but who are either undocumented or present in the country under some sort of temporary immigration status, to “register” for Lawful Permanent Resident (LPR) status. In order to qualify, individuals must have entered the country on or before a specified date (known as the “registry date”) and must demonstrate good moral character and continuous residence since their entry. After its creation in 1929, Congress advanced the registry date four times, most recently in 1986, when the date was set at January 1, 1972—meaning that only non-citizens who entered the United States by that date are eligible to apply for LPR status through registry. This date is now so far in the past that few individuals are eligible.
Current Eligibility Requirements for Registry
Registry applicants do not need a U.S. petitioner, medical exam, or financial affidavit of support. Under current law, an individual without a record of lawful admission for permanent residence qualifies for registry. Apply for a Green Card through Registry if you meet the following requirements:
entered the United States prior to January 1, 1972
maintained continuous residence in the United States since his or her entry
is physically present in the United States at the time he or she files the application
is a person of good moral character
is not inadmissible to the United States under certain grounds (such as having been convicted of certain crimes) or is not eligible for a waiver of inadmissibility or other form of relief
is not ineligible for citizenship or deportable under terrorist-related grounds
merits the favorable exercise of discretion
submits an adjustment of status application (Form I-485), together with the appropriate fee, to U.S. Citizenship and Immigration Services
Supporting Evidence for Form I-485
To qualify for Green Card through Registry, you should submit the following evidence with your Form I-485:
Two passport-style photos
Copy of government issued photo identification
Copy of birth certificate
Copy of passport page with nonimmigrant visa (if applicable)
Copy of passport page with admission (entry) stamp (if applicable)
Form I-94, Arrival/ Departure Record (if applicable)
Evidence that you entered the United States prior to Jan. 1, 1972
Evidence to establish continuous residence since entry
Note: An individual applying under the registry provisions is not required to undergo a medical exam.
For more information on Green Card through Registry,