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What is an Affidavit of Support?

An affidavit of support is a legally enforceable sworn statement of an individual to accept financial responsibility for another person who is coming to live in the U.S. on a permanent basis. Individuals typically execute an affidavit of support to submit to U.S. Citizenship and Immigration Services (USCIS) when they are filing an immigration petition to sponsor another individual, who is usually a relative, to come to the U.S. to live permanently.

The legal responsibility undertaken in an affidavit of support typically remains in effect until the sponsored individual becomes a U.S. citizen or completes 40 quarters of work, which amounts to about ten years. Those who are required to submit an affidavit of support to USCIS include those who are seeking to sponsor the following individuals to come and live permanently in the U.S.:

• All immediate relatives of U.S. citizens, including parents, spouses, and unmarried children who are under the age of 21
• Relatives who qualify under family-based preferences, including:
o First preference – unmarried children of U.S. citizens who are over the age of 21
o Second preference – spouses, unmarried children, and unmarried grandchildren of legal permanent residents
o Third preference – married children of U.S. citizens, their spouses, and their unmarried children
o Fourth preference – brothers and sisters of adult U.S. citizens, their spouses, and their unmarried children
• Employment-based preference immigrants only when a U.S. citizen or legal permanent resident relative has filed the immigrant visa petition, or the relative has a five percent or greater ownership interest in the entity that filed the petition

What is an Affidavit of Support?

The immigration attorneys of Peek & Toland have the experience that you need when you are seeking any type of relief or benefit under federal immigration laws. We will determine the facts and evidence that are relevant to your case, evaluate your options, and help you decide the best course of action for your case. It is our intention to place you in the best position possible to achieve your goals. Contact our Texas immigration attorneys at our office today and learn how we can assist you through this complicated situation.

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