INS releases new guidelines for sponsors of immigrants (11/09/97)

INS releases new guidelines for sponsors of immigrants

WASHINGTON - As mandated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the Immigration and Naturalization Service (INS) on October 20 released guidelines that, for the first time, require sponsors of certain immigrants to meet minimum income requirements and be financially responsible for the immigrants they sponsor.

The new Affidavit of Support provisions and forms are published in the Federal Register and become effective on December 19. The new Affidavit of Support form (Form I-864) requires the immigrant's petitioner to be the immigrant's sponsor, and requires the sponsor to demonstrate an income level at or above 125 percent of the federal poverty line. Beginning on December 19, the new Affidavit of Support Form I-864 must be completed by U.S. citizens and lawful permanent residents who sponsor family members as immigrants to live in the United States.

"The new Affidavit of Support is a significant change to U.S. immigration law," said Paul Virtue, acting executive associate commissioner for programs. "The INS is working to ensure that the public is aware of the requirements and ramifications of these new provisions."

Beginning on December 19, applications for immigrant visas submitted at Department of State consular posts abroad and adjustment of status applications filed with the INS in the United States must include the new legally enforceable Affidavit of Support Form I-864 for: all immediate relative and family-sponsored immigrants, and for employment-based immigrants who are coming to work for relatives, or for companies where a relative owns 5 percent or more of the company. In processing the new Affidavits of Support, the State Department and the INS will place the greatest weight on a sponsor's earnings from current employment.

Beginning on December 19, agencies that provide means-tested public benefits to immigrants may enforce Affidavits of Support against their sponsors until the immigrants become U.S. citizens, can be credited with 40 quarters of work, leave the United States permanently or die.

Most immigrants who are sponsored under the new Affidavit of Support will be barred from federal means-tested public benefit programs for five years. To date, federal agencies have announced the following four programs as means-tested public benefits: Food Stamps, Medicaid, Supplemental Security Income (SSI) and Temporary Assistance to Needy Families (TANF). After the five years, immigrants will be able to apply for benefits. However, federal and state public benefit granting agencies will be able to count sponsor income as part of the immigrant's income in determining whether the immigrant is eligible to receive public benefits. This action is called "deeming." "Deeming" will make most immigrants sponsored under the new Affidavit of Support ineligible for means-tested public benefits.

Federal and state agencies that provide public means-tested benefits will be responsible for enforcing the Affidavits of Support. Upon request, the INS will provide to these benefit-providing agencies the names and addresses of sponsors. The benefit agencies, in turn, may take legal action against sponsors under the new Affidavit of Support provisions. If sponsors do not provide basic support to new immigrants, they may be sued by the sponsored immigrants and by the agencies for the amount of benefits provided to sponsored immigrants.

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For additional information regarding the Affidavit of Support (including copies of the new Form I-864) and other INS issues, the public can visit the INS Web-site at http://www.ins.usdoj.gov.

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