What is the immigrant sponsor’s responsibility during the immigration process?

4 Minutes Read Time

Disclaimer: This article is meant for information purposes only and is not an official source for the immigration process. Please consult with your immigration attorney and official channels, including the sources provided in this article, and conduct your research based on your specific situation.

An immigrant sponsor, typically the petitioner who filed an immigrant petition on behalf of a relative, undertakes significant responsibilities, primarily financial, throughout the U.S. immigration process. These responsibilities are legally binding and are outlined in Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act (INA).

Here’s a breakdown of the immigrant sponsor’s key responsibilities:

1. Financial Support and Preventing “Public Charge”

• Primary Obligation: The most crucial responsibility is to provide financial support to the sponsored immigrant(s). By signing the Affidavit of Support (Form I-864), the sponsor enters a legally binding contract with the U.S. government to ensure the immigrant will not become a “public charge.” A public charge is an individual who is primarily dependent on the government for subsistence through certain means-tested public benefits.
• Income Requirement: The sponsor must demonstrate an income level at or above 125% of the Federal Poverty Guidelines for their household size. (For active duty military personnel sponsoring a spouse or child, the income requirement is 100% of the poverty level).
• Proof of Financial Means: Sponsors must submit documentation such as tax returns, W-2s, pay stubs, and evidence of assets to prove they meet the income requirements. If the primary sponsor’s income is insufficient, a joint sponsor who meets the income requirements independently may be required, or the income and assets of certain household members may be combined if they sign a Form I-864A.

2. Reimbursement of Public Benefits

• Legal Liability: If the sponsored immigrant receives certain “means-tested” public benefits while the Affidavit of Support is in effect, the sponsor is legally responsible for reimbursing the government agency that provided those benefits. Examples of such benefits include:
  • Medicaid
  • Supplemental Security Income (SSI)
  • Temporary Assistance for Needy Families (TANF)
  • Supplemental Nutrition Assistance Program (SNAP – Food Stamps)
  • Children’s Health Insurance Program (CHIP)
• Enforcement: If the sponsor fails to repay the debt, the agency or even the sponsored immigrant can sue the sponsor in court to recover the money owed.

3. Notification of Address Changes

• Legal Requirement: Sponsors are legally required to inform U.S. Citizenship and Immigration Services (USCIS) of any change in their address until their financial responsibility ends. This is done by filing Form I-865, Sponsor’s Notice of Change of Address, within 30 days of the move. Failure to do so can result in fines.

4. Duration of Responsibility

The sponsor’s financial responsibility is a long-term commitment and generally lasts until one of the following events occurs for the sponsored immigrant:

• The immigrant becomes a U.S. citizen.
• The immigrant has worked for 40 qualifying quarters (credits) under the Social Security Act, which typically equates to 10 years of work.
• The immigrant permanently departs the United States.
• The immigrant dies.
• In limited circumstances, if the immigrant is ordered removed from the U.S. but adjusts status based on a new I-864 filed by a new sponsor, the original I-864 may terminate.

5. Compliance and Cooperation

• Process Compliance: While primarily financial, the sponsor also has an implicit responsibility to cooperate with the immigration process, including attending any required interviews (though less common for sponsors than applicants) and providing any requested documentation promptly.
• Legally Binding Contract: The Affidavit of Support is a legally enforceable contract with the U.S. government. This means the obligations typically remain even if the relationship between the sponsor and the immigrant ends (e.g., divorce).

Who can be a sponsor?

To qualify as a sponsor, an individual must generally:

• Be a U.S. citizen or lawful permanent resident.
• Be at least 18 years old.
• Be domiciled (reside) in the United States or its territories/possessions (with limited exceptions for temporary absences abroad).

Sponsoring an immigrant is a serious commitment with significant legal and financial implications. Prospective sponsors should fully understand these responsibilities and consider seeking legal advice before signing the Affidavit of Support.