The Affidavit of Support – How Long do the Obligations Last?

If you will recall, we have been talking about the Affidavit of Support that is required whenever a person immigrates based on his relationship to a U.S. citizen or lawful permanent resident.    A sponsor (discussed several weeks ago) needs to establish that he can keep the immigrant off welfare.   Two weeks ago, we discussed what are the obligations that a sponsor undertakes.  Today I will talk about how long the sponsor’s obligations will last.

The rules are very strict.   This is not a sign-it-and-forget-it document.   It is not just to last a few years — unless the person becomes a U.S. citizen.   Once the person becomes a U.S. citizen, the responsibilities under the Affidavit of support end.   But if the person does not become a U.S. citizen, the sponsor’s responsibilities last until one of the following six circumstances occur:

  1. The immigrant becomes a US citizen (as stated above).
  2. The immigrant has worked 10 years.
  3. The immigrant loses his lawful permanent resident status and no longer lives in the United States.
  4. The immigrant goes through deportation (removal) proceedings and gets a new grant of adjustment of status.
  5. The Immigrant dies.
  6. You die.

Divorce DOES NOT terminate either the sponsor’s or the joint sponsor/household member’s liability under the Affidavit of Support.

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

 

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