Affidavit of Support Under Section 213A of the INA Lawyer in Passaic County, NJ
An Affidavit of Support Under Section 213A of the INA is a legally binding contract required for many family-based immigration petitions. In Passaic County, this document obligates a sponsor to financially support an intending immigrant. Law Offices Of SRIS, P.C. provides experienced legal guidance to ensure your affidavit meets all federal requirements and protects your interests. Call (888) 437-7747 for a consultation.
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 critical document in family-based immigration. It is a legally enforceable contract between a sponsor (the petitioner or a joint sponsor) and the U.S. government. By signing Form I-864, the sponsor agrees to use their financial resources 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, Passaic Vicinage | USCIS Form I-864
Official Resources and Statutes
Understanding the legal framework is essential. The primary authority is Section 213A of the Immigration and Nationality Act (8 U.S.C. § 1183a). The implementing regulations are detailed by U.S. Citizenship and Immigration Services (USCIS). For local procedural matters in New Jersey, the Superior Court of New Jersey, Passaic Vicinage website provides information on court locations and rules that may intersect with enforcement of support obligations.
- Gather Financial Documentation: Collect recent tax returns (IRS transcripts), W-2s, pay stubs, and proof of assets if using them to meet the income requirement.
- Complete Form I-864 Accurately: Fill out every section of the Affidavit of Support form. Inconsistencies or omissions are a skilled cause of Requests for Evidence (RFE) from USCIS.
- Calculate Household Size Correctly: Include yourself, dependents, the intending immigrant, and any other individuals you have sponsored on a prior I-864 that is still in effect.
- Assess Income Against Poverty Guidelines: Verify your current annual income meets or exceeds 125% of the Federal Poverty Guidelines for your total household size.
- Consider a Joint Sponsor: If your income is insufficient, identify a qualified joint sponsor who is willing and able to file a separate I-864.
- Sign and Submit with the Immigration Petition: The completed, signed I-864 must be submitted with the immigrant’s visa application or adjustment of status package to the appropriate USCIS lockbox or consulate.
Key Considerations for Sponsors in Passaic County
Sponsoring an immigrant is a major commitment. The sponsor’s obligation is not discharged in bankruptcy. If the immigrant receives certain means-tested public benefits, the agency providing them can seek reimbursement from the sponsor. also, the sponsor’s responsibility continues even if their relationship with the immigrant changes (e.g., divorce). It is important to seek legal advice from an affidavit of support under section 213a of the ina lawyer near me Passaic County to fully understand these implications before signing.
Our Approach to Your Case
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to each case. Our firm-wide record includes over 4,739 documented case results. We focus on the precise details of immigration law, ensuring every I-864 affidavit we review or prepare is accurate, complete, and positions your petition for success.
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) 763-0384
By appointment only.
Our New Jersey location serves clients in Passaic County, including Paterson, Clifton, Wayne, and Passaic City. We are accessible via I-80 and Route 46. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Affidavit of Support in Passaic County
What happens if my income drops after I sign the I-864?
It depends. The obligation is based on your income at the time of signing. A later drop does not automatically void the contract. However, if the immigrant seeks means-tested benefits, your ability to pay at that later time may be considered in enforcement actions. You remain legally bound.
Can I withdraw or cancel an Affidavit of Support I already submitted?
No. Once the I-864 is submitted to USCIS and the immigrant obtains a green card based on it, the contract is in force. You cannot unilaterally withdraw it. The obligation ends only under specific conditions set by law, such as the immigrant’s naturalization.
Do I need an affidavit of support under section 213a of the ina lawyer Passaic County if I am just a joint sponsor?
Yes. As a joint sponsor, you assume the same full, legal responsibility as the primary sponsor. An affordable affidavit of support under section 213a of the ina lawyer Passaic County can review your finances, explain the identical level of risk, and ensure your separate I-864 is properly executed to avoid jeopardizing the entire petition.
What assets can I use to meet the income requirement?
You can use the net value of assets (savings, stocks, real estate equity) if your income alone is insufficient. The total value of assets must be at least five times the difference between your income and the poverty guideline for three times the difference if sponsoring a spouse or child of a U.S. citizen.
How long does the sponsorship obligation last?
The obligation typically lasts until the immigrant has worked 40 quarters (roughly 10 years) credited under Social Security, becomes a U.S. citizen, permanently leaves the United States, or passes away. It is a long-term commitment that survives changes in the family relationship.
Related Practice Areas: For other legal needs in Passaic County, we also handle business law, contract disputes, and federal criminal defense.
More New Jersey Resources: Visit our New Jersey Civil Litigation hub page or learn about our services in Bergen County and Camden County.
Page last verified and updated: April 2026. Immigration laws and USCIS procedures change frequently. The information on this page is for general understanding and should not be taken as legal advice for your specific case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your Affidavit of Support Under Section 213A of the INA.
Your case in Passaic 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 Passaic County that is the Superior Court of NJ, Passaic Vicinage (11th Vicinage), 77 Hamilton Street, Paterson, NJ 07505, telephone (973) 247-8000, 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 Passaic 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: Passaic 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.