Affidavit of Support Under Section 213A of the INA Lawyer New Jersey — What Are Your Financial Obligations?
The Affidavit of Support Under Section 213A of the INA (Form I-864) is a legally binding contract between a sponsor and the U.S. government to support an immigrant financially. In New Jersey, this document is critical for family-based green card applications. Law Offices Of SRIS, P.C. provides experienced guidance to sponsors and applicants to ensure compliance and avoid future liability.
What Is the Affidavit of Support Under Section 213A of the INA?
The Affidavit of Support Under Section 213A of the INA, executed on USCIS Form I-864, is a federally mandated contract. By signing, a sponsor (often a U.S. citizen or lawful permanent resident) agrees to financially support a family-based immigrant applicant. This obligation is legally enforceable until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work, leaves the U.S. permanently, or passes away. The sponsor’s household income must meet or exceed 125% of the Federal Poverty Guidelines. This requirement is designed to ensure the immigrant will not become a public charge.
Last verified: April 2026 | Information sourced from U.S. Citizenship and Immigration Services (USCIS) policy manuals.
Official Resources and Legal Citations
Understanding the Affidavit of Support requires reviewing the official government sources that establish the rules and procedures. The primary authority is the Immigration and Nationality Act (INA) itself. For specific form instructions and current poverty guidelines, the U.S. Citizenship and Immigration Services (USCIS) website is the definitive resource.
- USCIS Form I-864, Affidavit of Support Under Section 213A of the INA – The official form and instructions from U.S. Citizenship and Immigration Services.
- Immigration and Nationality Act (INA) – The full text of the immigration law from the U.S. government.
Key Considerations for Sponsors in New Jersey
Signing an I-864 is a major financial decision with consequences that can last for years. In New Jersey, where the cost of living is high, sponsors must carefully evaluate their ability to meet the ongoing obligation. A common issue is the use of a joint sponsor or household member’s income to meet the requirement. It is crucial to correctly calculate household size and income, as mistakes can lead to application denial. Sponsors should also be aware that their obligation is not discharged in bankruptcy and can be enforced by the immigrant, a government agency, or any organization that provides means-tested public benefits.
- Gather Financial Documentation: Collect recent tax returns, W-2s, pay stubs, and proof of assets if using them to meet the income requirement.
- Calculate Total Household Income: Determine your current individual annual income. Include the income of all household members listed on Form I-864A if they are contributing to the sponsorship.
- Complete Form I-864 Accurately: Fill out every section of the affidavit. Ensure all calculations for household size and poverty guideline percentages are correct.
- Submit with the Immigrant Visa Application: File the completed and signed affidavit, along with all supporting financial evidence, as part of the immigrant’s application package to the National Visa Center or USCIS.
- Maintain Records and Compliance: Keep copies of all submitted documents. Be prepared to update your financial information if requested by immigration authorities at a later date.
Sponsor Liabilities and Enforcement
In New Jersey, a sponsor’s liability under the Affidavit of Support Under Section 213A of the INA is a legally enforceable debt to the immigrant and any government entity that provides means-tested benefits.
The sponsor’s primary duty is to maintain the immigrant at an annual income that is at least 125% of the Federal Poverty Guidelines. If the immigrant receives any means-tested public benefits, the benefit-granting agency can seek reimbursement from the sponsor. also, the immigrant can sue the sponsor in court to enforce the support obligation. This liability continues regardless of changes in the sponsor’s financial situation, divorce, or a change in the relationship with the immigrant.
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Immigration Sponsorship Matters
Law Offices Of SRIS, P.C. was founded in 1997. Our firm takes a detailed approach to immigration sponsorship cases. We help clients understand the serious, long-term commitment of the I-864 affidavit. Our guidance focuses on accurate form completion, proper income calculation, and a clear explanation of the sponsor’s legal responsibilities to prevent future issues.
Case Results in Immigration Law
Our attorneys have successfully navigated complex immigration processes for clients. While every case is unique, our focused approach on thorough documentation and procedural compliance aims for efficient outcomes. We encourage potential clients to discuss the specific facts of their situation with us directly.
Results may vary. Prior results do not aim for a similar outcome.
Affidavit of Support Under Section 213A of the INA Lawyer Near Me New Jersey
If you need an affidavit of support under section 213a of the ina lawyer near me New Jersey, our firm is ready to assist. We serve clients across New Jersey, including areas near Newark, Jersey City, and Trenton. Understanding the I-864 affidavit is crucial for a successful family-based immigration case.
Law Offices Of SRIS, P.C.
24/7 Phone Consultations: (888) 437-7747
Meetings: By appointment only.
Frequently Asked Questions (FAQs)
What happens if my income drops after I sign the I-864?
It depends. A change in income does not automatically release you from the obligation. You remain legally bound to support the immigrant at the required level. If the immigrant receives means-tested benefits, the agency could still seek reimbursement from you based on your ability to pay at that time.
Can I use assets instead of income to qualify as a sponsor?
Yes. If your household income alone does not meet 125% of the poverty level, you can use the cash value of your assets. The total value of assets must be at least five times the difference between your income and the poverty guideline for households over five, or three times the difference for spouses and minor children.
How long am I financially responsible under the affidavit?
The obligation typically lasts until the immigrant becomes a U.S. citizen, has worked 40 quarters (roughly 10 years) in the U.S., permanently leaves the United States, or passes away. Divorce or the immigrant moving out of your home does not terminate the contract.
What is the difference between a joint sponsor and a household member?
A joint sponsor files their own separate I-864 and is equally and independently liable with the primary sponsor. A household member files Form I-864A to combine their income with the primary sponsor’s but does not assume the same full, independent legal liability as a joint sponsor.
Where can I find an affordable affidavit of support under section 213a of the ina lawyer New Jersey?
Our firm provides clear, upfront consultations to discuss the I-864 process and associated costs. We aim to deliver value by helping you complete the affidavit correctly the first time, which can prevent costly delays or legal issues. Contact us at (888) 437-7747 to learn more.
Related Legal Services in New Jersey
If you are dealing with immigration sponsorship, you may also need information on: New Jersey family-based immigration. For other legal needs in the state, consider our New Jersey criminal defense services. To understand all our practice areas, visit our national immigration lawyer hub page.
Page last verified and updated: April 2026. Immigration laws and form requirements change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance on the Affidavit of Support Under Section 213A of the INA.