Immigrant sponsorship comes with significant financial and legal responsibilities, especially if the immigrant is unable to support themselves. The legal responsibilities of immigrant sponsors are outlined by the U.S. Citizenship and Immigration Services (USCIS) and can directly impact an immigrant’s path to lawful permanent residency or citizenship. According to the USCIS Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens issued in May 2019, individuals who sponsor immigrants—or those who plan to make income or assets available to support a sponsored immigrant—must meet strict financial and legal obligations. Failure to meet these responsibilities can have serious consequences for the sponsor.
Since 1997, the U.S. has required immigrant sponsors to file and sign an Affidavit of Support Under Section 213A of the Immigration and Nationality Act that pledges financial support for immigrants who are sponsored. In the process of signing and submitting either the affidavit or a binding Contract Between Sponsor and Household Member, sponsors are agreeing to utilize finances to support the sponsees appearing on the forms and to cover the cost of means-tested public benefits that sponsees receive when legal agreements are in effect.
Immigrant sponsors may file one of the following affidavits or contracts:
- Form I-864: Affidavit of Support Under Section 213A of the INA
- Form I-864EZ: Affidavit of Support Under Section 213A of the Act
- Form I-864A: Contract Between Sponsor and Household Member
What Are the Financial Responsibilities of an Immigrant Sponsor?
A sponsor of an immigrant in the United States must provide financial support for the sponsored immigrant to ensure they don’t become a public charge. This includes maintaining a minimum income level of at least 125% of the federal poverty guidelines. Additionally, sponsors are legally obligated to reimburse the government for any means-tested public benefits (Medicaid, food stamps) received by the immigrant they are sponsoring.
These responsibilities are enforced by form I-864 (Affidavit of Support). This is a legally binding contract, and the sponsor can be taken to court to enforce these obligations by the government or sponsored immigrant.
How Long Do A Sponsor’s Legal Obligations Last?
Typically, a sponsor’s financial obligations towards their sponsored immigrant last until one of the following events occur:
- Immigrant becomes a U.S. citizen.
- Immigrant earns 40 work quarter credits (10 years) in the U.S.
- Immigrant leaves the U.S.
- Immigrant passes away.
What Happens If a Sponsored Immigrant Uses Public Benefits?
Occasionally, sponsored immigrants will apply for and receive what are referred to as means-tested public benefits from tribal, local, state, or federal agencies. These benefits can include Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, and the State Child Health Insurance Program.
In some cases, sponsees will be ineligible for some means-tested public benefits once the agency assesses all assets and resources, along with those of household members, when determining the immigrant’s eligibility through a process known as “income deeming.”
Immigrant sponsors may be responsible for reimbursing these means-tested public benefits if an immigrant appearing on the affidavit receives the benefits when the affidavit is in effect. If the sponsor fails to reimburse the agency, that agency may be able to obtain a court order to ensure that the sponsor repays.
This makes it necessary for immigrant sponsors to make sure that they can reimburse any means-tested public benefits that sponsees receive prior to filing an affidavit or contract. Otherwise, sponsors may face legal repercussions that could, in turn, affect the sponsored immigrants’ ability to obtain citizenship in the U.S.
Can a Sponsor Withdraw Support?
Generally, a sponsor can withdraw support of an immigrant before said immigrant is granted permanent residency status (green card). Once a green card is issued, however, withdrawing support can be more difficult and may not terminate a sponsor’s legal responsibilities.
To withdraw support, the sponsor needs to notify USCIS in writing, explaining their reasoning for the withdrawal of financial support while providing supporting documentation. Withdrawing support of an immigrant may lead to that person’s petition getting denied or canceled.
It is typically very difficult to withdraw support after a green card has been issued. In most cases, the sponsor will still remain responsible for the immigrant until the above conditions are met. However, there are exceptions. For example, if the immigrant abandons their permanent residence status or the sponsor dies, the legal responsibilities no longer exist.
What Are the Legal Consequences of Failing to Meet Sponsorship Obligations?
The Affidavit of Support is a legally binding contract stating that you are financially responsible for the immigrant you are sponsoring. Failure to meet the requirements laid out in the affidavit can result in lawsuits from the government or sponsored immigrant, forced reimbursement of public benefits received by the immigrant, or fines and penalties.
Failing to meet sponsorship requirements can also negatively impact the immigrant you are sponsoring, leading to difficulties with future sponsorships and the individual’s ability to receive a green card.
Importantly, filing bankruptcy does not absolve you of your financial responsibilities under the Affidavit of Support.
Understanding your responsibilities and obligations before signing an affidavit of support is crucial. Be sure to talk with an experienced immigration attorney for help understanding what signing an affidavit of support means for you.
FAQs
What is the minimum income to sponsor an immigrant in 2025
The 2025 minimum income requirements for sponsoring an immigrant depends largely on the size of the household and whether active military status comes into play. Typically, the minimum income requirement is still 125% of the federal poverty guidelines (100% for active military members)
Can I sponsor someone if I’m unemployed?
If you are unemployed, you can still sponsor an immigrant, but you may need a joint sponsor, or you may be required to demonstrate sufficient assets.
Can two people sponsor the same immigrant?
Two or more people may sponsor the same immigrant. You can file with a joint sponsor if you do not meet the income requirements for sponsoring an immigrant on your own. nship in the U.S.
