Update on the I-864 Affidavit of Support
Prior to May 1998

Many relatives in particular who have sponsored their family members for family based immigration are now finding their relatives are being issued refusals based on Section 221(g) or to a lesser extent a 212(a)(4) refusal.

Most 221(g) refusals have been related to technical deficiencies in the complex new Forms I-864 and I-864a.

A refusal under 221(g) is appropriate when the I-864 is technically deficient (e.g., supporting documentation is missing, documents are not notarized, or documents are outdated and require updates).

An affidavit of support which appears technically complete, but does not reflect sufficient financial resources to meet the 125 percent of the poverty guideline requirements of the law, results in a 212(a)(4) denial. It is possible for the person who has received a 212(a)(4) denial to submit for example, an I-864 from a joint sponsor to document the sufficiency of the poverty limits.

Other examples of an I-864 denial are if the petitioner/sponsor does not satisfy the qualifying criteria like being a U.S. citizen or a permanent resident or is not considered domiciled in the U.S. In such cases to the petitioner/sponsor can satisfy the missing criteria.

Although the 125 percent guideline is generally sufficient for the issuance of the visa, a Consular officer is allowed to consider special circumstances like the applicant's ability to provide for himself/herself or the need for medical treatment or other financial obligations, which would be a factor in a such denials/refusals.

The U.S. State Department has clarified that the 1996 Welfare Act and the 1996 Illegal Immigration Reform And Immigrant Responsibility Act (IIRAIRA) prohibitions against issuance of permanent resident status do not apply to those who rely on emergency health and supplemental nutrition programs.

The State Department cable provides that school lunch programs, child vaccination programs, and similar benefits are widely available regardless of an individual's income, citizenship, or immigration status; provide non-cash benefits; and promote the general public good should not in and of themselves be considered when refusing the visa based on the likelihood of becoming a public charge in the U.S.