New Affidavit of Support to Take Effect on December 19, 1997
Prior to May 1998

The Immigration and Naturalization Service (INS) has sent a reminder to U.S. citizens and lawful permanent residents, who sponsor family members as immigrants to live in the United States, and employers who sponsor an employee where the employer owns 5% or more of the sponsoring company, that the new Affidavit of Support provisions have become effective since Friday, December 19, 1997.

These provisions, for the first time, require all sponsoring relatives to demonstrate a minimum income level at or above 125 percent of the federal poverty line, and be financially responsible for the immigrants they sponsor. The new guidelines were discussed in detail in the Bulletin of the Law Office of Sheela Murthy's Immnet Bulletin dated November 14 1997.

Beginning on Friday, December 19, 1997, the prospective immigrants specified above must submit the Affidavit of Support to Department of State (DOS) consular posts abroad when they are interviewed for their immigrant visa -- or, if applying for adjustment of status in the United States, to the Immigration and Naturalization Service (INS) when they apply for adjustment of status. In processing the new Affidavit of Support forms, the Department of Status and INS will place the greatest weight on a sponsor's earnings from current employment.

Also, beginning December 19, 1997, agencies that provide means-tested public benefits to immigrants may enforce the new Affidavits of Support against sponsors until their sponsored immigrants become U.S. Citizens, can be credited with 40 quarters of work, leave the United States permanently, or die.

NOTE: For additional information regarding the affidavit of support (including copies of the new Affidavit of Support Form I-864)and other INS issues, the public can visit INS' World Wide Website at www.ins.usdoj.gov.