What does it mean to “sponsor” an immigrant with an Affidavit of Support?

In applying for legal immigration status, there are so many forms and formalities that are necessary that we often get in the habit of just verifying basic information and signing on the dotted line. However, if you’ve been asked to “sponsor” someone, whether a family member, distant relative, or community member, you should know what it means.

Many people seem to believe that to sponsor an intending immigrant means to “vouch” for a buddy. As in, I know he’s good for his money; or I know he’ll work hard once he gets his work permit. But that is not what sponsorship means in U.S. immigration.

Declaration of Financial Support

Sponsoring an immigrant means you are their financial sponsor.  Think of it as hosting an au pair or an international student in your home. You are responsible for that person’s living expenses. You are responsible for that person’s medical expenses. That person does not have work authorization and you must provide them with food, shelter, and spending money.  You’re that person’s bank.

If you’re thinking to yourself that it’s OK, it’s only for a short while, think again. The United States Immigration and Citizenship Services (USCIS) website specifically outlines that immigrant sponsorship lasts until the immigrant becomes a U.S. citizen, or has clocked in a certain number of work quarters–usually lasting ten years.

So sponsoring an immigrant by filling out the Form I-864, Affidavit of Support and providing your tax records means you’re liable for that person’s expenses for up to ten years.

If you’ve ever wondered why the form is so detailed, and why you need to turn in your tax returns or financial documents, now you know it’s because you’re financially responsible for the immigrant. By proving you can afford to sponsor the immigrant, you commit to paying their bills. Which brings us to an important point, don’t let the immigrant become a public charge.

Read: What does Public Charge Mean? 

Don’t Sponsor a Public Charge

Let’s say you sponsor an immigrant and they end up going on welfare. They apply for public benefits, such as Medi-Cal and food stamps, becoming a “public charge”.  This shouldn’t happen because you vouched for that immigrant. You told the government that you will cover all of their costs, including any medical issues. As a result, you may have to pay back the government all the benefits the immigrant you sponsored received.

If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. (USCIS)

Not Everyone Can be a Sponsor

If you’re not directly related to the immigrant, you can only be a joint sponsor. Joint sponsors pool their resources with the main sponsor to support the immigrant. Joint sponsors have to meet the same requirements and are just as liable for the immigrant’s finances.

If your legal professional offers to help you find a sponsor, find a new one. If they say they can provide the affidavit for you for a set fee, don’t pay them.  They’re charging you for illegal practices and you’re the one who will be in trouble.

Read: How to Find a Good Legal Professional

If you’re not clear on what it means to be a financial sponsor, if someone’s asked to fill out the Affidavit of Support on their behalf, or if you have questions on the application process, contact an experienced immigration lawyer today!