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by | Oct 3, 2023 | Immigration Law

Canada offers a “private sponsorship of refugees” program, does the United States offer anything similar? Yes, it’s called the Affidavit of Support (Form I-864) and here’s how it works:

Yes, the United States has a program similar to Canada’s private sponsorship of refugees. In the U.S., the program is known as the “Affidavit of Support” or the “Form I-864 Affidavit of Support.” While it’s not identical to Canada’s private sponsorship program, it serves a similar purpose by allowing U.S. citizens and lawful permanent residents to sponsor immigrants, including refugees, to help them financially during their resettlement in the United States.

 

Here are some key points about the Form I-864 Affidavit of Support in the United States:

  1. Purpose: The Affidavit of Support is a legally binding contract that sponsors agree to support the sponsored immigrant(s) financially to prevent them from becoming public charges.
  2. Sponsor Eligibility: U.S. citizens and lawful permanent residents can act as sponsors. Sponsors must be at least 18 years old, meet specific income requirements, and be willing to financially support the sponsored immigrant(s).
  3. Sponsored Immigrants: The Affidavit of Support is often used for family-based immigration, including spouses, parents, and children. It can also be used for refugees and certain other immigrants seeking admission to the United States.
  4. Financial Responsibility: Sponsors commit to providing financial support to ensure that the sponsored immigrant does not become a public charge for a specific number of years. The length of the financial commitment can vary based on the immigrant category.
  5. Income Requirements: Sponsors are required to demonstrate that their income meets or exceeds the federal poverty guidelines for the household size, which varies depending on the number of people they are sponsoring.
  6. Joint Sponsors: If the primary sponsor’s income does not meet the requirements, joint sponsors can be used to meet the income threshold.

Filing a Form I-864 Affidavit of Support is a crucial step when sponsoring an immigrant for their green card or immigrant visa in the United States. Here’s a general overview of the process to file Form I-864:

1. Determine Your Eligibility:

  • You must be a U.S. citizen or lawful permanent resident.
  • You need to be at least 18 years old.
  • Ensure that your income meets or exceeds the federal poverty guidelines for the relevant household size. If your income does not meet the requirements, you can use a joint sponsor who meets the criteria.

2. Obtain the Form:

  • Download Form I-864, the Affidavit of Support, from the official U.S. Citizenship and Immigration Services (USCIS) website (uscis.gov). The form is available in PDF format.

3. Complete the Form:

  • Fill out the form accurately and completely. Ensure that you use black ink and that your entries are legible.
  • Follow the form’s instructions carefully to avoid errors.

4. Gather Supporting Documents:

  • You will need to provide documentation to support the information you provide on the form. This may include:
    • Copies of your federal tax returns for the most recent tax year.
    • Proof of your current employment and income, such as a letter from your employer or pay stubs.
    • If your income is insufficient, you may need to include an I-864A from a household member who has income to help you meet the financial requirements.

5. Sign the Form:

  • After completing the form, sign it. It’s important to note that your signature on the form is a legally binding commitment to financially support the immigrant.

6. Include the Appropriate Fee:

  • As of my last knowledge update in September 2021, there is a filing fee for Form I-864. Check the USCIS website or the form’s instructions for the most up-to-date fee information.

7. Mail the Form:

  • Review the USCIS website or the form’s instructions for the correct mailing address for your region. Be sure to include all supporting documents and fees when mailing the form.

8. Await USCIS Response:

  • After USCIS receives your Form I-864, they will review it. If additional information or documentation is needed, USCIS will contact you.

9. Attend the Visa or Green Card Interview:

  • The immigrant you’re sponsoring will need to attend a visa or green card interview at a U.S. embassy or consulate (for visa applicants) or with USCIS (for green card applicants).

10. Follow Up:

  • Continue to meet your financial obligations as the sponsor. Your commitment on Form I-864 is legally binding and extends until the sponsored immigrant has earned 40 quarters of work or becomes a U.S. citizen or can be credited with 40 quarters of work.

Please note that immigration processes and requirements can change, so it’s essential to check the most up-to-date information on the USCIS website and review the specific instructions provided with Form I-864. Consider seeking legal counsel or advice from an immigration attorney if you have any doubts or concerns about the process.

 

Conclusion

It’s important to note that the Affidavit of Support primarily focuses on the financial aspect of sponsorship and does not encompass the broader responsibilities and support that private sponsors provide in programs like Canada’s private sponsorship of refugees. In the United States, refugee resettlement is coordinated through the U.S. Department of State in collaboration with various nonprofit organizations. While private citizens and organizations can assist refugees, the formal sponsorship process in the U.S. is different from Canada’s private refugee sponsorship program. Discussing your options with an immigration attorney is highly advisable.

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