• What is a sponsor?
A sponsor is a person who has helped an
immigrant become a lawful permanent resident (green card– holder) by signing an “affidavit of support.”

• What is an affidavit of support?
An affidavit of support is a contract signed by the sponsor to show that the immigrant applying for a green card is not likely to become dependent on the government, or a “public charge.” Public charge is a term to describe persons who rely on cash welfare
for their income, or who are in long-term care
(nursing homes). See “Federal Guidance on Public Charge: When Is It Safe to Use Public Benefits?” at
www.nilc.org/ce/ceindex.htm#pubchrg.

• Are affidavits of support enforceable?
It depends on which type of affidavit the sponsor signed. There are two major types of affidavits. The “nonenforceable” affidavit of support (USCIS Form I-134), which is the main form used before December 19, 1997, is still used by some immigrants. The “enforceable” affidavit of support (USCIS Form I-864)
went into use on December 19, 1997. It is a binding contract by the sponsor for support of the immigrant and for repayment of certain benefits received by the immigrant.

• Which immigrants must use an
“enforceable” affidavit of support?

• Most immigrants who apply for a green card
through a family member after December 19,
1997.

• Most immigrants who apply for a green card
through an employer after December 19, 1997, if the employer is a relative or if a relative owns
more than five percent of the business.
Note: Persons with credit for 40 quarters of work history in the United States (including work performed by a spouse during marriage and parents while the immigrant was under 18 years old) do not need to file an “enforceable” affidavit of support. Children who will automatically become citizens when they immigrate under the Child Citizenship Act
similarly do not need to file an “enforceable”
affidavit of support.

• Which immigrants do not need to use an affidavit of support?
Several types of immigrants do not need to have sponsors, for example:
 
• Refugees and asylees applying for a green card.
• Persons applying for a green card through
“registry” (residence in the U.S. since before
January 1, 1972), the Nicaraguan Adjustment and Cuban American Relief Act, the Haitian Refugee Immigration Fairness Act, and the Cuban Adjustment Act. Certain Indochinese, Polish and Hungarian parolees, and persons applying as special immigrant juveniles also don’t need sponsors.
 
• Are there income requirements for sponsors who sign the “enforceable” affidavits?
Yes. Sponsors who sign “enforceable” affidavits must show that they earn enough to support a household at 125 percent of the federal poverty level (currently $32,238 for a
household of five). The household includes:

•The immigrant,
• Family members joining the immigrant,
•The sponsor, sponsor’s spouse, and children under 21,
• Dependents, and
• Other immigrants sponsored under the I-864.
Sponsors who don’t earn enough money can show that their assets (such as a house, car, or bank account) are worth 5 times the difference between 125 percent of the federal poverty level and their income (or 3 times this 
difference, if a U.S. citizen is petitioning for a spouse or child). Sponsors who can’t meet these requirements may find a joint sponsor who also must sign an affidavit of support
promising to support the immigrant.

• Can immigrants whose sponsor signed an “enforceable” affidavit get benefits?
Yes. Immigrants whose sponsors signed
“enforceable” affidavits may get certain benefits.
Immigrants who have been in the country for less than 5 years generally are not eligible for the five federal “means-tested public benefits”: food stamps for adults, Temporary Assistance for Needy Families (TANF), Medicaid (nonemergency), the Children’s Health
 Insurance Program (CHIP), and Supplemental
Security Income (SSI). There are additional
restrictions in SSI. However, these immigrants are eligible for emergency Medicaid and most other federal benefits. States can choose to provide Medicaid and CHIP to lawfully residing children and pregnant women regardless of
their date of entry, without sponsor-related barriers. In some states, immigrants can get state-funded medical, food, or cash assistance. For more details on the immigrant eligibility rules, see National Immigration Law Center,
Guide to Immigrant Eligibility for Federal Programs (4th ed. 2002), at
www.nilc.org/pubs/Guidepromo.htm
(ordering information and - updates). 
www.nilc.org/pubs/Guideupdate.htm 

• Does the sponsor’s income count when the immigrant applies for public benefits?
Sometimes. Under “immigrant sponsor deeming,” the income and resources of the immigrant’s sponsor are considered, 
 or  “deemed,” to be available to the sponsored immigrant when he or she applies for certain public benefits, such as food stamps, TANF, and SSI. In some states, deeming also may be
relevant for immigrants applying for federal Medicaid or CHIP. Deeming rules usually make the immigrant ineligible for benefits because adding the sponsor’s income and resources renders the immigrant “over-income.” There are exceptions to the deeming rules — for example, for domestic violence survivors or immigrants who would go -