What is an Affidavit of Support?
If you are petitioning for a family member to come to the U.S. permanently, you have to accept to financially support that relative. The purpose of the I-864, Affidavit of Support is to accept this financial responsibility; by completing and signing the I-864, you become your relative’s sponsor. The Affidavit pf Support is legally enforceable. The petitioner who submitted the immigrant visa petition for his or her relative is also the sponsor of the intending immigrant.
Who is required to submit an Affidavit of Support?
The following individuals need to submit a Form I-864 completed and signed by the petitioner/sponsor in order to obtain an immigrant visa or adjust their status:
- Immediate relatives of U.S. citizens: spouses, parents and unmarried children under 21;
- Relatives who are eligible to immigrate to the US based on one of the family-based preference categories:
- First Preference: Unmarried, adult sons and daughters (any age) of U.S. citizens;
- Second Preference (2A): Spouses and unmarried children under 21 of lawful permanent residents (a.k.a. green card holders);
- Second Preference (2B): Unmarried adult sons and daughters (any age) of lawful permanent residents;
- Third Preference: Married sons and daughters (any age) of U.S. citizens;
- Fourth Preference: Brothers and sisters of U.S. citizens.
Who is exempt from submitting an Affidavit of Support?
The following individuals do not need to submit a Form I-864:
- An individual who has earned or can be credited with 40 quarters of lawful work in the U.S. (usually 10 years);
- An individual who has an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a Self-Petitioning Widow or Widower or as a battered spouse or child;
- Orphans adopted by U.S. citizens abroad under certain conditions.
Who can be a sponsor?
A sponsor must be:
- A U.S. citizen or lawful permanent resident;
- At least 18 years old;
- Domiciled in the U.S. which usually means that you actually live in the U.S.
The petitioner who is petitioning for his or her family member must also be the sponsor of the intending immigrant.
When do I file an Affidavit of Support?
The sponsor should complete Form I-864:
- When your relative has been scheduled for an immigrant visa interview at the consulate overseas, if your relative is abroad;
- When you relative is submitting his application for adjustment to permanent resident status with USCIS.
What supporting documents do I need to submit with the Affidavit of Support?
- U.S. Federal Income Tax Return or IRS Transcript for the most recent fiscal year as well as the two previous fiscal years;
- Proof of current employment;
- Paystubs for the past 3 months
What are the income requirements?
As a sponsor, you must meet certain income requirements: your household income must be equal to or higher than 125% of the U.S. poverty guidelines for your household size.
The poverty guidelines can be found here: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf
What if I don’t meet the income requirements?
You can add the cash value of your assets, such as property, money in savings accounts, stocks and bonds.
Who can be a joint sponsor?
If you do not meet the income requirements, a joint sponsor can also accept to financially support your relative. The joint sponsor must meet all the same requirements as the sponsor as well as meet the U.S. poverty guidelines.
When does the sponsor’s responsibility end?
- When the relative becomes a U.S. citizen; or
- When the relative has earned or can be credited with 40 quarters of lawful work in the U.S. (usually 10 years).
The Affidavit of Support is complex; incomplete or incorrect Forms I-864 will not be accepted. You should seek the help of attorney if necessary. Please feel free to contact our Sondra Furcajg, our Staff Attorney, at (312) 949-9980 for any questions you may have.
FOR IMMEDIATE RELEASE
Blues for Water II: A Concert to Raise Awareness of the Global Water Crisis featuring singer/pianist Johari Jabir.
Date/Time: Sunday, October 19, 2014 at 4:30pm
Location: Sixth Grace Presbyterian Church, 600 E. 35th Street, (corner of 35th and Cottage Grove)
Admission is Free. A free will offering will be taken in support of the following organizations:
Friends of the Earth Middle East, a collaborative effort between Jordanian, Palestinian, and Israeli environmentalists.
Faith in Place, a local ecumenical faith based environmental organization.
United Africans Organization, a community-based coalition of African organizations in support of social and economic justice for African refugees in Illinois and Africans on the continent.
Contact: Johari Jabir, (312) 852-5013 or firstname.lastname@example.org Sixth Grace Church, (312) 225-5300
On Sunday, October 19 at 4:30pm at Sixth Grace Presbyterian Church, singer/pianist Johari Jabir will present a concert to raise awareness of the global water crisis. Johari is an artist, scholar and teacher. He is the accompanist at Sixth Grace Church, and he is also an assistant professor in the department of African American Studies at the University of Illinois Chicago where he teaches courses in 19th/20th century black cultural studies, religious studies, and the history of black music.
A singer, pianist, composer, and choral conductor, Jabir is both a classically trained musician and a musical artist trained in the gospel blues tradition of St. Louis, Missouri where he was born and raised. Johari will present an afternoon of love songs, protest songs, and gospel blues. His renditions of love songs are reminiscent of the Platters; he sings gospel music in the crooning style of Sam Cooke; and he writes and performs protest songs in the tradition of Nina Simone. La Vonzelle Paige, Vocalist and Music Director at Sixth Grace Church will perform on the program. A small rhythm section will accompany Jabir, and he will render some duets with the soulful Chicago cellist Khahari Lemuel. The concert will feature new arrangements by Jabir such as his Suite Lament, which he describes as a “serenade of comfort to black mothers who have lost children to violence.” He will also render a group of spirituals and gospels he calls, Afrikans at the Jordan that celebrate the Jordan as a trope in black culture.
Jabir will repeat the finale from his previous “Blues for Water” concert of 2013 with his rousing rendition of the spiritual “Amen!: In Tribute of Freedom Fighters.”
The Affordable Care Act, also known as ObamaCare, has been flooding the news. While the Hobby Lobby debate continues on social media, it is a conversation limited to a particular population – those with health insurance and those who understand the healthcare system. During my time as an intern at United African Organization (UAO), it has become apparent to me that there is a serious blind spot in the current administration of healthcare coverage. The African immigrant community is struggling to receive the health insurance they have applied for.
During my short two months at UAO, I was given the responsibility of following-up with the healthcare clients. Now, I have to be honest. At first, this seemed like a very mundane task of constant phone calling, but as I spoke with the clients I became incredibly engaged. I was shocked by the number of people who applied for Medicaid in January and have yet to receive any notification from the Department of Human Services. I want to strip away the idea that they were passively waiting for a response. Many of the individuals who were comfortable with their English were visiting and calling local offices; all to no avail. What I came across during these short phone calls was a cathartic release of pent-up frustration with a system that seemed to be working against them. The helplines were a maze of menus and button pressing, and none of them offered a French-speaking line. Denial letters were blunt and lead clients through similar dead-end helplines. Some clients have waited months for a promised callback only to be left in the dark.
So, this was my daunting task, to learn what was happening with these 6-month-old applications. Like the clients I was supporting, I began to dial the same help lines. With my native-English fluency I did not feel I was capable of navigating the system. Each local office and larger administrative offices all had their own phone numbers. It took research to even learn what number I should be calling. If I did stumble across the correct line, I had to wait a minimum of 15 minutes to speak with someone. Being just an intern, I was not qualified to learn any of the information I was calling for, which was disheartening. After a couple weeks I reached sympathetic hearts, or maybe people who followed different privacy regulations. And after months of waiting, I was able to tell the clients that something is happening. I still don’t know how long their applications will take or if there are missing information, all I know is the location-South Loop Office, Uptown Office, All Kids Bureau, etc.
Out of the 29 families who applied for Medicaid in January with the help of UAO, only 8 had been enrolled. The other 21 had heard no word from the Department of Human Services (DHS). While the backlog is a huge barrier for DHS, the lack of communication with applicants is disheartening. The silence pushes people away from the healthcare system, putting them at risk. National healthcare is a goal that should be reached for the United States; however, the local administration of the system needs to first be accessible to its clients. In the meantime, organizations like UAO work hard every day to ensure the needs of their clients are being met.
Written by by Tamara Meyerhoff – 2014 Summer Intern
The Immigration Act of 1990 first introduced the concept of Temporary Protected Status (TPS). TPS is granted to immigrants who are physically present in the United States and who are unable to safely return to their home country because of ongoing armed conflicts (such as civil war); environmental disasters (such as earthquakes, hurricanes, or epidemics); or other extraordinary and temporary conditions. Temporary protected status is rarely granted and only in extreme situations. The current situation in Nigeria, for example, does not seem to meet the threshold for Department of Homeland Security to grant TPS. The 2010 earthquake in Haiti, however, resulted in USCIS granting all Haitians in the United States TPS in 2011. Further, the recent situation in South Sudan also lead to TPS designation.
Beneficiaries of temporary protected status may remain in the United States and obtain work and travel authorization; however, TPS does not lead to permanent resident status—i.e. green card—and may be terminated at any time, thus reverting individuals back to their previous immigration status.
In order, to be eligible individuals must:
- Be a national of the designated country;
- File during open registration period;
- And have been continuously physically present (CPP) and have been continuously residing (CR) in the United States since the date specified for the designated country.
You may NOT be eligible for TPS or maintain your existing TPS if you:
- Have been convicted of any felony or two or more misdemeanors committed in the United States;
- Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
- Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
- Fail to meet the continuous physical presence and continuous residence in the United States requirements;
- Fail to meet initial or late initial TPS registration requirements; or
- If granted TPS, you fail to re-register for TPS, as required (typically every 18 months), without good cause.
Individuals from the following TPS countries are eligible for TPS designation as long as they meet these eligibility requirements:
- El Salvador
- South Sudan
The application process is as follows: (1) you must first file your petition; (2) USCIS will contact you upon receipt of your application; (3) you must then go to the Application Support Center; (4) USCIS will determine your work eligibility and adjudicate your application; (5) and finally, your application will either be approved or denied.
“Despite the acrimony and partisanship that now exists in Washington, almost all of us agree that a child who crossed our border illegally with a parent, or in search of a parent or a better life, was not making an adult choice to break our laws, and should be treated differently than adult law-breakers,” said Secretary Johnson. “By the renewal of DACA, we act in accord with our values and the code of this great Nation. But, the larger task of comprehensive immigration reform still lies ahead.”
The first DACA approvals will begin to expire in September 2014. To avoid a lapse in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. USCIS encourages requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires.
DACA is a discretionary determination to defer removal action against an individual. Individuals in DACA will be able to remain in the United States and apply for employment authorization for a period of two years. Individuals who have not requested DACA previously, but meet the criteria established, may also request deferral for the first time. It is important to note that individuals who have not continuously resided in the United States since June 15, 2007, are ineligible for DACA.
Individuals may request DACA renewal if they continue to meet the initial criteria and these additional guidelines:
- Did not depart the United States on or after Aug. 15, 2012, without advance parole;
- Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
- Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
The renewal process begins by filing the new version of Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” Form I-765 “Application for Employment Authorization,” and the I-765 Worksheet. There is a filing and biometrics (fingerprints and photo) fee associated with Form I-765 totaling $465. As with an initial request, USCIS will conduct a background check when processing DACA renewals.
USCIS will also host both national and local DACA informational sessions. USCIS will provide further information on these sessions during which USCIS officials will provide additional information on the DACA process and be available to answer your questions. For information on local DACA engagements, please visit www.uscis.gov/outreach.
To learn more about the renewal process or requesting initial consideration of DACA, visit www.uscis.gov/childhoodarrivals or call the USCIS National Customer Service Center at 1-800-375-5283.
Have you ever answered the question “Why are we here?” Featured at the Chicago African Summit & Resource Fair is a discussion on current US-Africa policy on trade, security, and human rights – its impact on the continent of Africa, and how we can build an engaged constituency in the African Diaspora to shape US policy and hold the Obama administration accountable.