Articles of Interest

There are two exceptions, however:
  
•   If the adjustment of status applicant intends to immigrate as a spouse of a U.S. citizen or as the child of a U.S. citizen who will not become a citizen under section 320 of the Act because the child has already reached his or her 18th birthday, the “significant assets” requirement will be satisfied if the assets equal three times, rather than five times, the difference between the applicable income threshold and the actual household income.
 
Example for a household size of 4: 
125 percent of 2006 Poverty Guideline     $25,000
Sponsor's income     $19,500
Difference        $5,500
Multiply by 3              x 3
Minimum Required Net Value of Assets      $16,500
 
•  If the adjustment of status applicant intends to immigrate as an IR-4 immigrant (orphans coming to the United States for adoption), the parents’ assets only need to equal or exceed the difference between the applicable income threshold and the actual household income. 
 
Example for a household size of 4: 
125 percent of 2006 Poverty Guideline      $25,000
Sponsor's income      $19,500
Difference (Minimum Required Net Value of Assets)   $5,500
 
(6) Joint Sponsors.  If the petitioner or substitute sponsor cannot demonstrate ability to maintain a household income of at least 125% (or 100% when applicable) of the Federal Poverty Guidelines, the intending immigrant may meet the Affidavit of Support requirement by obtaining a joint sponsor who is willing to accept joint and several liability with the principal sponsor as to the obligation to provide support to the sponsored alien and to reimburse agencies who provide means-tested benefits to the sponsored alien during the period that the Affidavit is enforceable.  The regulations at 8 CFR 213a.2(c)(2)(iii)(C) allow but do not require two joint sponsors per family unit intending to immigrate based upon the same family petition.  Further guidance regarding joint sponsors may be found at paragraph (d)(7) above. 
 
(7) Part 8 of Form I-864 or Part 6 of Form I-864EZ.  Part 8 of Form I-864 or Part 6 of Form I-864EZ constitute the bulk of the contract and covers the purpose of the Affidavit of Support, which is to overcome the public charge grounds of inadmissibility. It also includes the notice of change of address requirements (the sponsor must notify the Secretary of Homeland Security of the sponsor’s new address within 30 days of any change of address by filing Form I-865 with USCIS), means-tested benefit prohibitions and exceptions, consideration of the sponsor’s income in determining eligibility for benefits and the civil action to enforce the Affidavit. Additionally, it requires a certification under penalty of perjury that the sponsor is aware of the legal ramifications of being a sponsor under section 213A of the Act. 
 
After placing the sponsor under oath, USCIS should verify that the portion under “Concluding Provisions” has been completed. 
 
Once signed, the concluding provisions satisfy the statutory requirement that the sponsor must make a written statement under penalty of perjury indicating that the copies of the Federal income tax returns submitted with the Affidavit of Support are true copies of the returns filed with the Internal Revenue Service. 
 
A photocopy of the signed Form I-864 may be submitted for each spouse and/or child of the principal beneficiary of the adjustment of status application.  Copies of supporting documentation are not required.
 
(8) USCIS Completion of “Agency Use Only” Box.  In adjustment cases adjudicated by USCIS, USCIS must complete the “Agency Use Only” box on the first page of the Form I-864 or Form I-864EZ.  If the petitioner sponsor does not qualify, USCIS should check the box “Does not meet.”  In order for the applicant to be approved, there must be in the file another Form I-864 that meets the requirements from a joint sponsor. In such a case, USCIS must check the “Meets” box, and then sign, date, and note the office code for location. 
 
In cases adjudicated by an immigration judge where the judge did not complete the Agency Use Only box, USCIS will complete the processing of the case after the judge’s decision by completing the box on the USCIS copy of the Form I-864 by checking either the “Meets” or the “Does not meet” box.  USCIS must then add a notation, “Adjustment application approved (or denied) by U.S. Immigration Court at (place) on (date).”  USCIS will then sign, date, and note the office code for location. 
 
(9) Verification of Information.  The Government may pursue verification of any information provided on or with Form I-864, I-864EZ, I-864A (e.g., employment, income, and/or assets) with the employer, financial or other institutions, the Internal Revenue Service, or the Social Security Administration.
 
If USCIS finds that a sponsor, joint sponsor, or household member has concealed or misrepresented material facts concerning income, household size, or any other material fact, USCIS shall conclude that the Affidavit of Support is not sufficient to establish that the sponsored immigrant is not likely to become a public charge.  In this situation, the sponsor or joint sponsor may be liable for criminal prosecution under the general statutes relating to the submission of fraudulent immigration documents.  Failure of the sponsor or joint sponsor to provide adequate evidence of income and/or assets will result in the denial of the application for adjustment to lawful permanent residence status. 
 
(l) Insufficient Affidavits Submitted in Support of Adjustment Applications. The Affidavit of Support is not a separate application.  It is supporting documentation for an adjustment of status application.  Correspondence regarding insufficient Affidavits of Support should be sent to the adjustment applicant and his/her legal representative, but not to the sponsor. 
 
If the Form I-864 or I-864EZ is insufficient, and procedures for requesting additional evidence have been exhausted, the entire adjustment of status application should be denied because the intending immigrant is inadmissible on public charge grounds in addition to any other reasons why the adjustment case may be denied. 
 
The following language should be included in a denial letter of an adjustment of status application which does not fulfill the requirements under section 213A of the Act: 
 
You are not eligible for adjustment of status under INA 245 (a)(2), because you are inadmissible as an alien who is likely at any time to become a public charge pursuant to INA 212(a)(4)(C). 8 USC 1182(a)(4)(A) and 1255(a)(2). If you are an alien seeking adjustment of status as (insert appropriate category: an immediate relative, a family based immigrant, or an employment based immigrant who will be employed by a relative or a relative’s firm) you are inadmissible under this ground unless an Affidavit of Support that meets the requirements of INA 213A, 8 U.S.C. 1183a, has been filed on your behalf.  The Affidavit(s) of Support provided in your case does not meet the requirements of section 213A because (insert appropriate language/deficiency; e.g. failure to meet the income requirement, ineligible sponsor, etc.) 
 
Note: This language must be modified in order to address the specifics of each case, including any other reasons for denial.  If the applicant is denied due to an ineligible sponsor, be sure to include the reason why the sponsor is ineligible, e.g., the sponsor cannot be a corporation, organization, or other entity, the sponsor is not at least 18 years of age, etc.  Details regarding the sponsor’s personal financial matters should not be revealed in the denial letter to the adjustment applicant unless the denial is based at least partially upon such information. 
 
(m) Service Center Processing. The processing of the packet of forms which subsequently produce an alien registration card (I-181, I-485 or OS-155A) includes data entry of Affidavits of Support when they are required by statute. 
If an applicant fails to submit an Affidavit of Support when one is required, USICS will request that an Affidavit of Support be submitted before the case can be adjudicated. 
 
In those instances where one or more Affidavits of Support are contained in the packets, data from each of them will be entered into CLAIMS as a subscreen of the I-485 or visa to which it is attached.   . 
 
The types of data entry at the Service Centers will be: 
 
•    Forms I-864 attached to a Form OS-155A, immigrant visa received from Ports of Entry; 
 
•    Forms I-864 attached to a Form I-485 filed and adjudicated at the Service Center; or 
 
•    Forms I-864 attached to Form I-485 filed and/or adjudicated at local offices. The data entry in most of these cases will be attached to the data entry of a “copy 3” of Form I-181. 
 
All Forms I-864 will be maintained in the same A or T File in which the controlling form is stored.  There is no data entry of information from Form I-864A. 
 
(n) Statistical Reporting. Effective October 1, 2005, hours and actions are tracked on Form G-23.3, Line 171S. Reporting Instructions are provided in the document entitled, "Examinations Activity:  G-22.2, G-22.2a, G-22.3, G-22.3a Adjudications Summary Procedures."  These procedures implement Administrative Manual (AM) Policy Statement 3.1.101.
 
(o) Termination of Sponsor’s Obligation and Enforcement.  The obligations created under Form I-864 and I-864A terminate when the sponsored alien: 
•   Becomes naturalized; 
•   Is credited with at least 40 quarters of employment in the Social Security system;
•    Loses or abandons his or her lawful permanent resident status; or  
•    Dies.  
 
Note: For any qualifying quarter to be creditable for any period beginning on or after December 31, 1996, the alien must not have received any Federal means-tested public benefit during that quarter.  A Federal means-tested public benefit is any public benefit funded in whole or in part by funds provided by the Federal Government that the Federal agency administering the Federal funds defines as a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193).  Federal means tested benefits include: SSI (Supplemental Security income), TANF (Temporary Assistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP).  State and local means tested benefits vary by jurisdiction.
 
Note:  The qualifying quarters worked by a parent of, or the spouse of such alien during the marriage to the alien may often be credited to the alien beneficiary. 
 
If the sponsored immigrant is the sponsor’s child, the legal obligation made in the Affidavit of Support is not terminated by the child’s adoption after acquiring permanent residence. 
 
If the sponsored immigrant is the sponsor’s spouse, divorce will not terminate the legal obligation made in the Affidavit of Support. 
 
Even when the support obligation has been terminated, the sponsor, or the sponsor’s estate may still be held liable for any reimbursable amount that accrued before the termination of the obligation. 
 
(p) Reimbursement Requests.  USCIS is not directly involved in enforcing an Affidavit of Support sponsor’s obligation to reimburse an agency for means tested public benefits.  USCIS does, however, make information about the sponsor available to an agency seeking reimbursement.  Upon the receipt of a duly issued subpoena, USCIS will provide the agency with a certified copy of a sponsor’s Form I-864.  
 
In addition, USCIS routinely provides the sponsor’s name, address, and Social Security number to Federal, state, and local agencies providing means-tested benefits.  This information is used to determine whether a sponsored immigrant who is applying for benefits is eligible for them.  These queries are submitted to USCIS on Forms G-845, G-845S, and the G-845 Supplement.
  
(q) Sponsor’s Address Change Notification. Under section 213A(d) of the Act, the sponsor must notify the Secretary of Homeland Security of the sponsor’s new address within 30 days of any change of address. The sponsor meets this obligation by completing and filing Form I-865 with USCIS. USCIS is obligated by statute to maintain the address and social security number of all sponsors in an automated system.  
 
If a sponsor fails to satisfy this requirement, USCIS may, after notice and opportunity to be heard, impose on the sponsor a civil penalty of not less than $250 or more than $2,000, or if such failure occurs with knowledge that the sponsored alien has received any means-tested public benefits (other than benefits described in 401(b), 403(c)(2), or 411(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) not less than $2,000 or more than $5,000. 
 
2.  The AFM Transmittal Memoranda button is revised by adding a new entry, in numerical order, to read:
 
AD 06-20
June 27, 2006
Chapter 20.5
This memorandum replaces Chapter 20.5 of the Adjudicator’s Field Manual (AFM) with a revised Chapter 20.5.
 
cc: USCIS Headquarters Directors
Bureau of Immigration and Customs Enforcement
Bureau of Customs and Border Protection