Who is a sponsor?

A sponsor is a person who signs a legal agreement to help a non-citizen immigrant become a lawful permanent resident (LPR), also called a green card holder. That legal agreement is known as an affidavit of support.

What is an affidavit of support?

An affidavit of support is a legal document signed by a sponsor stating that he or she agrees to financially support a non-citizen to make sure that he or she will not become a public charge.

There are two types of affidavits of support. The first type, called Form I-864, has been used since December 19, 1997, for all people seeking LPR status. Form I-864 is an enforceable contract. This means that a court can order a sponsor to continue to financially support the non-citizen.

The second type of affidavit of support is Form I-134. Form 134 was in use before December 19, 1997. Form 134 is still used in some cases by immigrants, but it is not an enforceable contract. This means that a court cannot force the sponsor to continue to support the non-citizen.

What is a public charge?

Public charge is a term used to describe a situation where someone is likely to rely on the government (the public). This means reliance on cash benefits (such as Temporary Assistance to Needy Families or General Assistance) or assistance in the form of long-term care. A person who is determined likely to become a public charge will be denied entry into the U.S. as an LPR or in any other status.

Who needs to use an enforceable affidavit of support (Form I-864)?

If you are seeking LPR status through a family member or an employer (if the employer is a relative or a relative owns more than 5% of the business) after December 19, 1997, you need to use Form I-864.

Form I-864 does not apply to you if you are seeking to become an LPR in one of the following instances:

• You are a refugee or asylee applying for LPR status.
  
  
• You are applying for LPR status through registry (based on having resided in the U.S. since January 1, 1972), the Nicaraguan and Cuban American Relief Act (NACARA), the Haitian Refugee and Immigration Fairness Act (HRIFA), or the Cuban Adjustment Act (CAA).
  
  
• You are seeking to apply for LPR status under the self-petition procedures created under the Violence Against Women Act (VAWA). However, you are still potentially subject to the public charge grounds of inadmissibility, and you may need to file Form I-134.
  
  
• You are a non-citizen who has performed 40 quarters of work (approximately 10 years) according to the records of the Social Security Administration.
  
  
• You are a non-citizen whose spouse has performed 40 quarters of work during the course of your marriage.
  
  
• You are a non-citizen child whose parents performed 40 quarters of work while you were under 18. (A child in this situation may count his parents’ 40 quarters of work to establish his or her 40 quarters of work). Note: A child whose sponsor is a U.S. citizen parent and who automatically becomes a U.S. citizen upon entry into the United States under the Child Citizenship Act is also not required to file an affidavit of support (Form I-864).

What is sponsor deeming?

If you are a sponsored immigrant, you can apply for certain federal means-tested public benefits, such as food stamps, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), Medicaid, and State Children’s Health Insurance Program (SCHIP). Sponsor deeming means that your sponsor’s income and resources may be counted as if they were your income when you apply.

When is a sponsor responsible for public benefits received by a sponsored immigrant (LPR)?

A sponsor’s responsibility for your public benefits begins as soon as you become an LPR based on a Form I-864 filed by your sponsor.

When does a sponsor’s responsibility for your public benefits end?

Your sponsor’s responsibility for your public benefits ends when one of the following occurs:

• You become a U.S. citizen.
  
  
• You are credited with 40 quarters (approximately 10 years) of work history according to the records of the Social Security Administration, either based on your own work or the work of a spouse or parent. (An LPR can receive credit for 40 quarters from a spouse during marriage, a significant other if the couple is living together as if married, and/or the LPR’s parents for any work performed before the LPR turned 18 years of age.)
  
  
• You leave the U.S., permanently abandoning your residence.
  
  
• You or your sponsor dies.

If any of these events occurs, the sponsor’s income is no longer deemed available to you (counted as your income) when you are seeking public benefits. This may make it easier for you to qualify for public benefits. However, there may be other eligibility requirements related to immigration status that make you ineligible for public benefits.

For example, if you are an LPR who entered the U.S. for the first time after August 22, 1996 (on the basis of a family-based or employment-based application), you are not eligible for public benefits for a period of five years after entering the United States. This is important, since many sponsored immigrants who entered the country based on the completion of Form I-864 have not been eligible until recently, since Form I-864 has only been in use since December 19, 1997.

Does sponsor deeming always apply when a sponsored immigrant applies for public benefits?

No. Sponsor deeming does not apply to everyone. There are different rules and different exceptions and exemptions, depending on the public benefit program involved.

The provisions involving sponsor deeming may arise when you apply for one of the federal means-tested public benefits programs, including food stamps, TANF, SSI, non-emergency Medicaid, or SCHIP. Sponsor deeming provisions only apply if you are seeking a federal public benefit that is among the means-tested programs listed above.

Sponsor deeming provisions do not apply under the following conditions:

• When you are seeking help from programs such as emergency Medicaid, immunizations, school breakfast and lunch programs, and Head Start, among others.
  
  
• If you would not have a home or would go hungry without assistance, when you are receiving food stamps and your sponsor lives in the household. Under these circumstances, sponsor deeming would not apply for 12 months. (If the household income is less than or equal to 130% of the federal poverty level, then the LPR is eligible for this exception.)
  
  
• To children in the Food Stamp Program as of October 1, 2003.
  
  
• For 12 months, if you are a victim of domestic violence. (The deeming exception for domestic violence victims is extended if any of the following acknowledge the abuse: the United States Citizenship and Immigration Service (USCIS), any court, or an administrative order. As noted above, sponsor deeming provisions are not applicable for people who adjust to LPR status through the self-petition process under VAWA, since Form I-864 is not required.)

You do not need to provide any information about your sponsor’s income if any of the exemptions apply.

Does a sponsor need to repay benefits used by a sponsored immigrant?

Maybe. Sponsors who completed and signed Form I-864 may be required to repay the government for any means-tested public benefits you use after you become an LPR. There is no requirement that a state sue sponsors for reimbursement. But states are required to request repayment where it is determined that Form I-864 was signed by the sponsor and that none of the exemptions apply.

There is no requirement that a sponsor repay any benefits if your sponsor signed Form I-134.

This article originally appeared in the September 2007 issue of Looking Out for Your Legal Rights^®.