Affidavit of Support Under Section 213A of the INA Lawyer in Somerset County, NJ

An Affidavit of Support Under Section 213A of the INA is a legally binding contract required for many family-based immigration petitions to prove the sponsor can financially support the intending immigrant. In Somerset County, this complex form (Form I-864) must be filed with USCIS and can lead to serious enforcement if not properly executed. Law Offices Of SRIS, P.C.

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What Is an Affidavit of Support Under Section 213A of the INA?

The Affidavit of Support Under Section 213A of the INA (Immigration and Nationality Act) is a legally enforceable contract between a sponsor and the U.S. government. By signing Form I-864, the sponsor promises to financially support the intending immigrant at or above 125% of the Federal Poverty Guidelines until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work, leaves the U.S. permanently, or dies. This requirement is mandatory for most family-based immigrants and some employment-based immigrants where a relative has a significant ownership interest in the petitioning company.

Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | USCIS Form I-864

Founded in 1997 by former prosecutor Mr. Sris, our firm understands the weight of binding legal commitments. We apply this foundational legal experience to ensure your affidavit is accurate and compliant, protecting both the sponsor and the immigrant beneficiary.

Official Resources & Legal Citations

Understanding the official requirements is important. The Affidavit of Support is governed by federal law, specifically Section 213A of the INA (8 U.S.C. § 1183a). All forms and instructions are published by U.S. Citizenship and Immigration Services (USCIS). For local court procedures related to potential enforcement, you can review information from the Superior Court of New Jersey, Somerset Vicinage.

Key Considerations for Your Somerset County Affidavit of Support

Preparing an Affidavit of Support Under Section 213A of the INA involves more than just filling out a form. A key local procedural fact is that sponsors in Somerset County must demonstrate income or assets that are both sufficient and stable. USCIS and consular officers scrutinize evidence like tax returns, pay stubs, and asset documentation. If your income alone does not meet the requirement, you may need a joint sponsor or to use household member income, each with its own strict rules.

Gather Financial Documentation: Collect your most recent federal tax return, W-2s, 1099s, and proof of current employment and income (e.g., pay stubs, employer letter).
Calculate Total Household Income: Determine if your income meets 125% of the Federal Poverty Guidelines for your household size, which includes the sponsor, dependents, and the intending immigrant.
Complete Form I-864 Accurately: Fill out every section of the form truthfully. Inconsistencies between the form and your supporting documents are a common reason for Requests for Evidence (RFE).
Assemble the Submission Package: Include the signed form, all required evidence, and any applicable fees or supporting forms (e.g., I-864A for household members).
File with the Appropriate Agency: Submit the complete package to either USCIS or the National Visa Center (NVC), as directed by your specific case instructions.
Maintain Records and Compliance: Keep copies of everything submitted. As a sponsor, you must update your address with USCIS and maintain the required support level until your obligations end.

Understanding Sponsor Obligations and Consequences

In Somerset County, the obligations under an Affidavit of Support Under Section 213A of the INA are serious and long-term, with the sponsor’s liability potentially enforced through the court system.

Sponsor Requirement	Key Detail	Potential Consequence of Non-Compliance
Income Threshold	Must meet 125% of Federal Poverty Guidelines (100% for active-duty military).	Petition denial if not met without a qualified joint sponsor.
Duration of Obligation	Lasts until immigrant naturalizes, works 40 quarters, dies, or permanently departs.	Long-term financial liability, often lasting years.
Enforceability	The immigrant, a government agency, or any entity that provides means-tested benefits can sue the sponsor for reimbursement.	Legal judgment, wage garnishment, or lien placed on sponsor’s assets.
Domicile	Sponsor must be domiciled in the U.S. or its territories.	Petition denial if sponsor cannot prove U.S. domicile.

Results may vary. Prior results do not guarantee a similar outcome.

Why Choose Our Firm for Your Immigration Matter

Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience and a documented history of more than 4,739 case results firm-wide, our team brings a depth of knowledge to immigration contracts like the Affidavit of Support. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients handling the U.S. immigration system. We focus on meticulous preparation to prevent delays and protect your family’s future.

Mr. Sris
Founding Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
A former prosecutor and the founder of the firm, Mr. Sris has been providing legal counsel since 1997.Mr. Sris maintains a selective caseload of family law matters.

Our Approach to Your Case

We approach every Affidavit of Support Under Section 213A of the INA with careful attention to the financial details and legal implications. Our goal is to prepare a submission that is complete and convincing to avoid requests for evidence or delays. We review all income sources, asset valuations, and household composition to ensure the affidavit meets all regulatory requirements, providing clear guidance on issues like using joint sponsors or documenting assets.

Affidavit of Support Under Section 213A of the INA Lawyer Near Me Somerset County

Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-9900
By appointment only.

Our New Jersey location serves clients at Somerset County courts and throughout the region. We are accessible via I-287, Route 22, Route 206, and Route 28, serving communities including Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.

Frequently Asked Questions: Affidavit of Support Under Section 213A of the INA

What happens if my income changes after I sign the Affidavit of Support?

It depends. The obligation is based on your circumstances at the time of signing. A later income decrease does not automatically void the contract, but it could affect your ability to meet the support requirement if the beneficiary seeks enforcement. You remain legally bound, and you should consult an attorney if you anticipate being unable to provide support.

Can I use assets instead of income to qualify?

Yes. If your income is insufficient, 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 two people (three times the difference for sponsoring a spouse or child of a U.S. citizen).

Who can be a joint sponsor?

A joint sponsor must be a U.S. citizen, national, or lawful permanent resident; be domiciled in the U.S.; and meet the same income requirements as the primary sponsor independently. The joint sponsor is equally liable for supporting the immigrant and must file their own separate Form I-864.

How long does my obligation as a sponsor last?

The support obligation typically ends when the immigrant becomes a U.S. citizen, has worked 40 qualifying quarters (roughly 10 years) in the U.S., no longer has lawful permanent resident status and has left the U.S., or passes away. It is a long-term commitment that often lasts for many years.

What if the immigrant receives means-tested public benefits?

If the immigrant receives certain means-tested public benefits, the agency providing the benefits or the immigrant themselves can sue you, the sponsor, to repay the cost. The affidavit is a legally enforceable contract, and a judgment could lead to wage garnishment or liens.

Do I need an affordable affidavit of support under section 213a of the ina lawyer Somerset County?

While not legally required, an attorney’s guidance is highly advisable. The form is demanding and the consequences of errors are severe, including petition denial or future legal liability. An experienced lawyer can help ensure it is filled out correctly, assess your financial qualifications, and plan for potential issues, which can save time and prevent costly mistakes.

Related Services: For other legal needs in Somerset County, explore our services as a business lawyer, contract lawyer, or federal criminal lawyer. For help in nearby areas, see our Bergen County civil litigation lawyer or Burlington County civil litigation lawyer pages. Learn more about our firm on our attorney profile or our New Jersey location page.

Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on your Affidavit of Support Under Section 213A of the INA in Somerset County.