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MS 0565

[1]

Volume 1 - General Administration MS 0565 - R. 6/1/26 - OMTL- 696 Aliens Sponsored On or After Dec. 12, 1997

[Privately sponsored aliens must meet additional income and resource requirements. A private sponsor is an individual, not an organization or group.

A. Some aliens are not required to have a private sponsor as a condition of entry into the U.S. on or after Dec. 12, 1997. These aliens are:

1. Refugees under Section 207;

2. Asylees under Section 208;

3. Individuals whose deportation is being withheld under Section 243(h);

4. Cuban/Haitian entrants; or

5. Amerasians.

These aliens can be publicly sponsored by an organization or group. Publicly sponsored aliens are not subject to income deeming.

B. Privately sponsored aliens who enter the U.S. on or after Dec. 12, 1997, must complete and sign before a notary public a sponsorship agreement, United States Citizenship and Immigration Services (USCIS) form I-864, Affidavit of Support.

Form I-864 shows that an alien has adequate means of financial support and is not likely to become a public charge. Signing the form constitutes a legally binding contract between the sponsor and the United States (U.S.) Government in which the sponsor agrees to support the alien and any spouse and/or children immigrating with the individual. The sponsor's obligation continues until the sponsored alien:

1. Becomes a U.S. citizen;

2. Can be credited with 40 qualifying quarters of work. For 40 quarters determination, see Volume 2, MS 2900 A. 2;

3. Departs the U.S. permanently; or

4. The sponsor dies.

An alien may have joint sponsors if one sponsor cannot meet the income requirement. The joint sponsor must also complete Form I-864.

C. Aliens currently in the U.S. who previously completed sponsor agreements are not subject to the new affidavit requirements. Forms I-134, Affidavit of Support, or I-361, Affidavit of Financial Support and Intent of Petition for Legal Custody,