The general answer is “yes” you will need an Affidavit of Support if you are filing a family-based petition for immigration benefits. You may also need one for certain employment-based immigration benefits. According to Immigration and Nationality Act (INA) §212(a)(4)(C), an Affidavit of Support is required unless you are not subject to the requirement or are exempt from the requirement. The purpose of an Affidavit of Support is to provide evidence to Department of Homeland Services that the intending immigrant is not subject to the public charge ground of inadmissibility. This is usually satisfied through filing Form I-864 or I-864EZ showing that the petitioner (or a joint sponsor) has annual income that is at least 125% of the federal poverty level.
There are, however, some exemptions from the filing requirements for applicants whose filing is based on being in one of the following categories
o Refugees and asylees;
o Amerasians;
o Persons adjusting under the Cuban Adjustment Act;
o Persons adjusting under the Nicaraguan Adjustment and Central American Relief Act (NACARA);
o Persons adjusting under the Haitian Refugee Immigration Fairness Act (HRIFA);
o Special immigrant juveniles applying for adjustment of status;
o Persons adjusting as self-petitioners under the Violence Against Women Act (VAWA);
o Applicants for U nonimmigrant status;
o Applicants for T nonimmigrant status;
o Applicants for cancellation of removal;
o Lautenberg parolees seeking adjustment of status; and
o Applicants for registry.
A widow or widower is also not subject to the requirement if they are applying for Lawful Permanent Residence status based on a prior marriage to U.S. Citizen. Likewise, applications based on the Violence Against Women Act or Child Citizenship are also exempt. There is also the “Quarters Exception” that requires that the applicant have 40 quarter hours (10 years) of qualified work, which is defined as having an account with Social Security.
Unless, you fall into one of these categories, you will need to file an Affidavit of Support.
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