Affidavit of Support Under Section 213A of the INA Lawyer in Union 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 Union County, this document obligates a sponsor to financially support an intending immigrant. Law Offices Of SRIS, P.C. provides focused guidance on this complex requirement.
Understanding the Affidavit of Support (Form I-864)
The Affidavit of Support, Form I-864, is mandated by Section 213A of the Immigration and Nationality Act (INA). It is a legally enforceable contract between a sponsor and the U.S. government. By signing, the sponsor agrees to use their financial resources to support the intending immigrant at an annual income that is 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, Union Vicinage | USCIS.gov
Founded in 1997 by former prosecutor Mr. Sris, our firm brings decades of combined experience to immigration matters. We understand that a single error on the I-864 can derail a family’s future in the United States.
Official Resources and Legal Citations
It is important to rely on official government sources for the most current forms and instructions. The legal foundation is found in the Immigration and Nationality Act itself.
- USCIS Form I-864, Affidavit of Support Under Section 213A of the INA (official U.S. Citizenship and Immigration Services page)
- Superior Court of New Jersey, Union Vicinage (official New Jersey Courts website)
Procedural Insights for Union County Filings
While the Affidavit of Support is filed with federal immigration authorities, its financial implications and enforcement can involve local courts. In Union County, understanding the interplay between federal immigration requirements and state contract law is key. The sponsor’s income and assets are scrutinized, and joint sponsors or household members may be needed to meet the income threshold.
- Gather Financial Documentation: Collect recent tax returns, W-2s, pay stubs, and proof of assets to demonstrate you meet the 125% poverty guideline requirement.
- Complete Form I-864 Accurately: Meticulously fill out every section of the form. Inconsistencies with the underlying immigration petition (Form I-130) are a common cause of Requests for Evidence (RFE).
- Assess the Need for a Joint Sponsor: If your income alone is insufficient, identify a qualified joint sponsor who must also complete a separate I-864.
- Include Household Members if Applicable: If using income from household members to meet the requirement, each must complete a Form I-864A, Contract Between Sponsor and Household Member.
- Submit with the Immigrant Visa Application: File the completed, signed I-864 package with the National Visa Center (NVC) or USCIS as part of the overall application process.
- Prepare for Potential Review: Be ready to provide additional evidence if requested and understand the ongoing support obligation that begins when the immigrant gains lawful permanent resident status.
Sponsor Requirements and Legal Obligations
In Union County, a sponsor signing an Affidavit of Support Under Section 213A of the INA assumes a significant, long-term financial responsibility that is legally enforceable by the immigrant, any government agency that provides means-tested benefits, or through a court order.
| Sponsor Requirement | Legal Standard | Key Obligation | Consequences of Default |
|---|---|---|---|
| Income Threshold | 125% of Federal Poverty Guidelines (100% for active-duty military) | Provide financial support to maintain immigrant at required income level | Immigrant or agency can sue sponsor for support; sponsor must reimburse government benefits |
| Domicile | Must be domiciled in the U.S. or its territories | Maintain U.S. domicile | Petition can be denied if sponsor lives abroad without intent to return |
| U.S. Citizenship/LPR Status | Sponsor must be U.S. citizen or lawful permanent resident | Maintain valid status | Ineligible to sponsor if status is lost |
| Age | At least 18 years old | Contractual capacity | Affidavit is void if sponsor is a minor |
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 history of thousands of cases, our firm is built on a foundation of advocacy and detailed legal work. We approach each Affidavit of Support case with an understanding of its critical role in family unification. Our team is committed to providing clear guidance through this demanding process.
Our Approach to Your Case
We focus on thorough preparation and clear communication. For an Affidavit of Support, this means a detailed review of your financial situation, careful completion of all forms, and explaining your long-term obligations. We aim to build a complete and accurate submission to avoid processing delays.
Local Presence for Union County Residents
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) 334-7467
By appointment only.
Our New Jersey location serves clients throughout Union County, including Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield. We are accessible via the NJ Turnpike, Garden State Parkway, Route 22, Route 1, and I-78. If you need an affidavit of support under section 213a of the ina lawyer near me Union County, we offer 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment. We provide an affordable affidavit of support under section 213a of the ina lawyer Union County service focused on clear value and meticulous preparation.
Frequently Asked Questions: Affidavit of Support in Union County
What happens if my income drops after I sign the I-864?
It depends. The obligation remains legally binding regardless of future income changes. You are still required to support the immigrant at the 125% poverty level. If you cannot, the immigrant could sue you for support, or you could be required to reimburse the government for any means-tested benefits they receive.
Can I use assets instead of income to qualify as a sponsor?
Yes. If your income alone does not meet 125% of the poverty guidelines, 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 required income threshold (three times for spouses of U.S. citizens).
How long does my sponsorship obligation last?
The obligation typically ends when the immigrant becomes a U.S. citizen, has worked 40 qualifying quarters (about 10 years), permanently leaves the United States, or passes away. It is a long-term commitment that survives divorce and is not discharged in bankruptcy.
What if the immigrant I sponsored gets divorced from my family member?
Your obligation under the I-864 continues despite a divorce. The affidavit is a contract with the U.S. government, not a marital agreement. Divorce does not terminate your legal responsibility to provide financial support if needed.
Who can be a joint sponsor?
A joint sponsor must meet all the same requirements as the primary sponsor: U.S. citizenship or lawful permanent resident status, domicile in the U.S., age 18 or older, and income/assets meeting the 125% poverty guideline. The joint sponsor is equally and independently liable for the support obligation.
Do I need a lawyer to fill out Form I-864?
While not legally required, it is highly advisable. Errors can lead to delays, requests for evidence, or denial of the immigrant visa. A lawyer ensures accurate completion, proper documentation, and that you fully understand the serious, long-term financial commitment you are making.
Related Legal Services in Union County
If you are dealing with an Affidavit of Support, you may also need assistance with other matters. Our firm handles various related practice areas in Union County. You can learn more about business law in Union County, contract law in Union County, or federal criminal defense in Union County. For a broader view of our civil litigation services, visit our New Jersey Civil Litigation Lawyer hub page. We also serve neighboring areas like Bergen County and Middlesex County.
Last verified: April 2026. Information current as of 2026-02-20. Laws and procedures change. 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 Union 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 Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, 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 Union 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: Union 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.