Affidavit of Support Under Section 213A of the INA Lawyer in Cape May County, NJ
An Affidavit of Support Under Section 213A of the INA is a legally binding contract where a sponsor agrees to financially support an immigrant. In Cape May County, this document is critical for family-based green card applications. Law Offices Of SRIS, P.C. provides experienced legal guidance to sponsors in Cape May County on the obligations and enforcement of this affidavit.
Understanding the 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 federal requirement for most family-based immigrants and some employment-based immigrants. By signing Form I-864, the sponsor accepts a legally enforceable obligation to support the intending immigrant at an annual income of at least 125% of the Federal Poverty Guidelines. This obligation typically lasts until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work, leaves the U.S. permanently, or passes away.
Last verified: April 2026 | Superior Court of NJ, Cape May Vicinage | USCIS.gov
Founded in 1997, Law Offices Of SRIS, P.C. assists clients with contested immigration matters. Our firm’s founder, Mr. Sris, brings a full understanding of legal obligations and procedures.
Official Resources and Legal Citations
This affidavit is governed by federal immigration law. Key resources include the official USCIS page for Form I-864 and the USCIS Laws and Policy site. The legal basis is found in Section 213A of the Immigration and Nationality Act (8 U.S.C. § 1183a).
Procedural Insights for Cape May County Sponsors
Sponsors in Cape May County must provide detailed financial evidence, including tax returns, W-2s, and proof of current employment, to USCIS. The process is strictly administrative and does not involve New Jersey state courts unless enforcement actions arise. A common local procedural fact is that sponsors often need to use assets or find a joint sponsor if their income alone does not meet the requirement.
- Gather Financial Documentation: Collect your most recent federal tax return, W-2s, pay stubs, and a list of all assets.
- Complete Form I-864: Accurately fill out every section of the USCIS Form I-864, ensuring all household size and income calculations are correct.
- Assemble the Support Package: Compile the completed form, all supporting financial documents, and any required proof of citizenship or immigration status.
- Submit to the National Visa Center or USCIS: File the package as directed, either with the NVC for consular processing or with USCIS for adjustment of status applications.
- Respond to Requests for Evidence: If USCIS issues an RFE, provide the requested information promptly to avoid delays in the immigrant’s application.
Sponsor Obligations and Potential Repercussions
In Cape May County, signing an Affidavit of Support Under Section 213A of the INA creates a long-term financial obligation enforceable by the immigrant or government agencies.
The primary obligation is financial support to maintain the immigrant at 125% of the poverty level. If the immigrant receives means-tested public benefits, the agency providing them can seek reimbursement from the sponsor. The immigrant can also sue the sponsor in court to enforce the support obligation. The sponsor’s obligation is not discharged in bankruptcy.
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. Our attorneys have a combined 120+ years of legal experience. We have handled over firm-wide 4,739 cases with a documented favorable outcome rate. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in immigration proceedings.
Our Approach to Your Case
We focus on thorough preparation and clear communication. We review your financial situation in detail to ensure you meet the sponsorship requirements and understand the long-term commitment. Our goal is to prepare a complete and accurate application to avoid requests for evidence or delays.
Results may vary. Prior results do not guarantee a similar outcome.
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) 651-3900
By appointment only.
Our New Jersey location serves clients at Cape May County courts. We represent sponsors in communities like Cape May Court House, Cape May, Wildwood, Avalon, and Ocean City. For an affordable affidavit of support under section 213a of the ina lawyer Cape May County, contact us for 24/7 phone consultations. Meetings are by appointment only. If you need an affidavit of support under section 213a of the ina lawyer near me Cape May County, our team is ready to assist.
Frequently Asked Questions
What happens if my income drops after I sign the affidavit?
It depends. The obligation remains regardless of future income changes. You are still legally required to support the immigrant at the required level. If you cannot, the immigrant may need to use their own assets or find another sponsor, and you could face enforcement action.
Can the Affidavit of Support be canceled or terminated?
No. You cannot voluntarily cancel it. The obligation ends only when the immigrant meets one of the termination conditions set by law, such as becoming a U.S. citizen, working 40 quarters, departing the U.S. permanently, or passing away.
Who can be a joint sponsor?
Any U.S. citizen, national, or lawful permanent resident who is at least 18 years old, domiciled in the U.S., and meets the same income requirements as the primary sponsor. A joint sponsor assumes full legal responsibility independently of the primary sponsor.
What income counts toward the 125% requirement?
Your total income as reported on your federal tax return is primary. This includes wages, salary, tips, and investment income. If your individual income is insufficient, you can include the income of other household members or use the value of your assets.
Do I need a lawyer to file Form I-864?
It depends. While not legally required, the form is a legal contract with serious, long-term consequences. A lawyer can ensure it is completed correctly, assess your financial qualifications, and advise you on your obligations, potentially avoiding costly errors or future legal issues.
For more information, see our New Jersey Civil Litigation overview. We also assist clients in nearby areas like Atlantic County and Burlington County. For other legal needs in Cape May County, consider our services for business law or contract disputes.
Last verified: April 2026. Immigration laws and form requirements can change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on the Affidavit of Support Under Section 213A of the INA.
Your case in Cape May County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Cape May County that is the Superior Court of NJ, Cape May Vicinage (1st Vicinage), 9 North Main Street, Cape May Court House, NJ 08210, telephone (609) 463-6550, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Cape May County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Cape May County NJ lawyers directory · Affidavit of Support under Section Lawyer Bergen County · Affidavit of Support under Section Lawyer Hudson County · Affidavit of Support under Section Lawyer Monmouth County.