There has always been the question of whether or not immigrants should be able to access welfare.  There are those who think it is fine.  There are those who are strongly opposed to it.

A couple of decades ago, those who were opposed to the idea of immigrants getting welfare came up with the idea of an Affidavit of Support.  The Affidavit of Support they created has since become an important part of the immigration process.

This Affidavit of Support is required for every person, with limited exceptions, who obtains permanent resident status in the United States through a relative-based visa petition.   It even applies to certain beneficiaries of an employment petition if a relative of theirs owns a 5% or greater interest in the company that is sponsoring the immigrant.  It does not apply to most employment petitions or to Special Immigrant R-ligious worker petitions.

One of the few exceptions for relatives is if the immigrant is an adopted child who will automatically gain citizenship upon entry to the United States.  In that case the child will not need an Affidavit of Support.

The Affidavit of Support is a promise to keep the immigrant off welfare.  Among other things, the Sponsor, the person signing the Affidavit of Support, needs to demonstrate that he has the income and/or assets necessary to keep the immigrant off welfare.  Originally, the idea was simply that the Sponsor’s income and assets would be counted in determining if the immigrant was able to access welfare — if you don’t know, a person cannot access welfare if he, or his sponsor, has a certain level of income or assets.

As with most things, Affidavits of Support have changed in how they are applied.  Over the years, courts have expanded the effects of signing an Affidavit of Support.  There have been cases where the immigrant have even successfully sued the Sponsor for financial support — which I think clearly was not the original intent.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong