Chapter 6 - Affidavit of Support Under Section 213A of the INA

A. Background

The concept of individuals inside the United States agreeing to support intending immigrants has a long history in U.S. immigration. Immigration officers generally considered (among other factors in the totality of the circumstances) whether an alien had family members or friends in the United States who could help support the alien when making public charge exclusion determinations in the early 20^th century.^[1] This continued to be an important factor for officers considering an alien’s request for entry into the United States.^[2] 

Building on that practice, beginning in 1930, each intending immigrant applying for an immigrant visa was generally required to provide evidence of his or her financial status or affidavits of support from sponsoring residents of the United States.^[3] As an example, an individual completing the affidavit of support swore, using the 1947 version of the Affidavit of Support (Form I-134), that he or she was “willing and able to receive, maintain, and support the prospective immigrants,” and was “ready and willing to deposit a bond, if necessary, with the United States immigration authorities to guarantee that such prospective immigrants will not become public charges during their stay in the United States.” Such affidavits carried heavy weight in public charge determinations by the U.S. Department of State (DOS). As the Senate Judiciary Committee wrote in 1950, “[a]n affidavit executed by a responsible party in this country usually is satisfactory evidence that the alien is not likely to become a public charge.”^[4]

In 1952, Congress for the first time established a procedure for certain aliens physically present in the United States to adjust to lawful permanent resident (LPR) status without having to travel abroad and undergo consular processing with DOS.^[5] Among other requirements for adjustment of status, the alien must have been “admissible to the United States.” As a result, the U.S. Department of Justice (DOJ) began to apply the public charge ground of inadmissibility in the adjustment of status context. Consistent with consular processing and exclusion determinations at ports of entry, in making decisions concerning eligibility for adjustment of status, DOJ considered whether there were persons “in the United States willing and able to assure that [an adjustment of status applicant] will not need public support.”^[6]

However, courts found that the affidavits of support used throughout most of the 20^th century were not legally enforceable and did not permit government agencies to seek reimbursement from sponsors when the sponsored aliens received public benefits.^[7] The Senate Judiciary Committee, in 1950, wrote that the affidavit of support, “at most, appears to be merely a moral obligation upon the affiant, and the Government apparently could not recover [government expenses related to the sponsored alien] on the strength of the document since there is no contractual obligation involved.”^[8]

Congress recognized that the lack of an enforceable affidavit of support limited its utility both for public charge inadmissibility determinations and for ensuring that, as Congress stated in 1996, that “aliens within the Nation’s borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations.”^[9] In recognition of the important role that support from families and sponsors plays in preventing aliens from depending on public resources, Congress created the requirement for a legally enforceable affidavit of support to reduce the potential for an intending immigrant to become a public charge in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).^[10] When required, the alien must submit an Affidavit of Support Under Section 213A of the INA (Form I-864 or Form I-864EZ)^[11] completed by a sponsor. 

Form I-864^[12] is a legally enforceable contract that a U.S. citizen, U.S. national, or LPR signs to accept financial responsibility for an alien, usually a relative, who is coming to the United States to live permanently. Form I-864^[13] is legally binding and requires a sponsor to maintain the alien at an annual income of no less than 125 percent of the Federal Poverty Guidelines (FPG).^[14] The U.S. citizen, U.S. national, or LPR who signs the Form I-864 becomes the alien’s sponsor once the alien becomes an LPR.

For Form I-864 to be sufficient, a sponsor generally must demonstrate that he or she is able to maintain the sponsored alien at an annual income of not less than 125 percent of the FPG.^[15] The presence of a sufficient Form I-864 does not eliminate the need to consider all of the factors of a public charge inadmissibility determination, and USCIS only considers it as one factor in the totality of the circumstances. However, the statute requires a finding of inadmissibility on the public charge ground if the alien is required to submit a sufficient Form I-864 and fails to do so.^[16]

B. Applicants Required to Submit Form I-864

The Immigration and Nationality Act (INA) outlines which aliens are required to submit a Form I-864.^[17] Most aliens intending to immigrate or to adjust status as immediate relatives or the family-sponsored preference categories, and in certain employment-based categories after December 19, 1997, are required to submit Form I-864 signed by a sponsor.^[18]

Aliens required to submit a Form I-864, and who are not otherwise exempt, are inadmissible on the public charge ground if they do not submit a sufficient Form I-864.^[19]

1. Immediate Relatives and Family-Sponsored Preference Immigrants

In general, most aliens applying for an immigrant visa or adjustment of status based on a family relationship are required to submit Form I-864. The following table outlines categories of applicants by immigrant category who must submit Form I-864 unless otherwise exempt:

All of these aliens are required to submit Form I-864, unless exempt from the requirement.

2. Certain Employment-Based Immigrants

In general, most aliens applying for an employment-based immigrant visa or adjustment of status are not required to file Form I-864.^[25] Aliens seeking LPR status based on an employment-based petition are required to file Form I-864 if:

• The petitioner is a relative of the applicant;^[26] or 
• The petitioner is an entity^[27] in which the applicant’s relative has a significant ownership interest.^[28]

These aliens are required to file Form I-864 unless an exception applies.

3. K Nonimmigrants

Principal K nonimmigrants^[29] seeking adjustment of status must submit Form I-864.^[30] This requirement also applies to an alien who seeks adjustment after having been admitted as the child of a principal K nonimmigrant.

Any applicant for adjustment of status based on a K nonimmigrant visa must submit a Form I-864 at the time of adjustment of status. Termination of the marriage between the K-1 beneficiary and the petitioner does not end the K-1 nonimmigrant’s eligibility for adjustment.^[31]

A former spouse can still be the sponsor who submits the Form I-864 for a K-1 and a K-2 nonimmigrant to adjust status. However, if the former spouse does not submit the Form I-864, or timely withdraws one already submitted, the K-1 and K-2 nonimmigrants are inadmissible based on the public charge ground unless an exception applies.^[32]

4. Accompanying Spouse or Child

A spouse or child is considered to be accompanying a principal applicant if: 

• The spouse or child applies for an immigrant visa or adjustment of status at the same time as the principal applicant; or
• The spouse or child applies for an immigrant visa or adjustment of status within 6 months after the date the principal applicant acquires LPR status.

If the principal applicant is required to have a Form I-864, then any accompanying spouse or child must also be included on that affidavit of support. To meet the requirement, the accompanying spouse or child must submit a photocopy of the principal applicant’s Form I-864. A photocopy of the principal’s supporting documentation,^[33] however, is not required.

5. Following-to-Join Spouse or Child

When a spouse or a child of a principal applicant applies for an immigrant visa or adjustment of status 6 months or more after the principal applicant, the spouse or child is considered to be following-to-join the principal. 

If the principal applicant is required to have a Form I-864, then the following-to-join spouse or child must also have a Form I-864. Each following-to-join spouse or child requires a Form I-864, independent of the principal applicant’s Form I-864, at the time of adjustment of status or consular processing.^[34]

6. T and U Nonimmigrants, VAWA Self-Petitioners, and Certain “Qualified Aliens” Subject to Affidavit of Support Under Section 213A of the INA Requirements

In general, INA 212(a)(4)(E) provides that the following provisions do not apply to “qualified alien” victims: 

• Public charge inadmissibility, in general;^[35] 
• Minimum factors to be considered in the public charge inadmissibility determination;^[36] and  
• Inadmissibility for lack of sufficient affidavit of support for family-based immigrants.^[37]

A “qualified alien” victim^[38] includes: 

• A Violence Against Women Act (VAWA) self-petitioner; 
• An alien who is an applicant for, or is granted, U nonimmigrant status;^[39] or 
• A “qualified alien” as described in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA),^[40] such as an alien who has a pending application establishing prima facie eligibility for T nonimmigrant status or has been granted T nonimmigrant status.

When Congress created the current version of INA 212(a)(4)(E), it did not exempt qualified “alien victims” from the requirements under INA 212(a)(4)(D). INA 212(a)(4)(D) makes an alien inadmissible on public charge in employment-based cases,^[41] unless the alien has a properly executed Form I-864 from the alien’s relative if:^[42]

• The alien’s relative filed the employment-based petition; or 
• The alien’s relative has a significant ownership interest (of 5 percent or more) in the business or entity that filed the employment-based petition.

If the qualified “alien victim” files for adjustment of status under an employment-based category and his or her petitioning employer meets the above circumstances but does not submit a sufficient Form I-864,^[43] then the alien is inadmissible on the public charge ground.

C. Applicants Not Required to Submit Form I-864

Certain aliens are not statutorily required to submit a Form I-864. Other aliens, although generally required to file a Form I-864, may be exempt from this requirement. Being exempt from the Form I-864 requirement is different from being exempt from the public charge inadmissibility ground.

An officer still makes an inadmissibility determination for an alien who is exempt from the Form I-864 filing requirement unless the alien is also exempt from the public charge ground of inadmissibility.^[44]

1. Applicants Exempt from Filing Form I-864

Some categories of adjustment of status applicants are exempt from the Form I-864 requirement but must request an exemption from the Form I-864 requirement when filing their Application to Register Permanent Residence or Adjust Status (Form I-485) to establish that a Form I-864 is not required.^[45]

These categories include children of U.S. citizens who will automatically become U.S. citizens under the Child Citizenship Act of 2000 (PDF) (CCA)^[46] upon their admission to the United States, self-petitioning widows and widowers of U.S. citizens, and self-petitioning battered spouses and children. Aliens who have earned (or can be credited with) 40 quarters (credits) of coverage under the Social Security Act (PDF) may also request an exemption from the Form I-864 requirement to establish that a Form I-864 is not required.^[47]

Certain Children of U.S. Citizens

Under the CCA, children born abroad to U.S. citizens may automatically acquire U.S. citizenship if, before their 18th birthday, they are residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to an admission as an immigrant or adjustment of status to that of an LPR.^[48] If qualified for automatic acquisition of citizenship, the child is exempt from the Form I-864 requirement.^[49]

The CCA has specific provisions for alien children adopted by U.S. citizens. An alien child adopted by U.S. citizens, such as orphans or Hague Adoptees (IR-3 or IH-3 classifications) automatically acquires U.S. citizenship if the child enters the United States before the child’s 18th birthday and resides with the U.S. citizen parent.^[50] Therefore, these children are exempt from the affidavit of support requirement.

However, this exception does not apply if:

• The child is “coming to be adopted” as an orphan or Hague Adoptee (IR-4 or IH-4 classification);^[51] or 
• The child is admitted as an immediate relative immigrant as the stepchild of a U.S. citizen.^[52]

Certain Self-Petitioning Immigrants

The following self-petitioning immigrants are exempt from the Form I-864 requirement:

• An alien who has an approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as a self-petitioning widow or widower;^[53]  
• An alien who has an approved Form I-360 as a battered spouse or child;^[54] and 
• An alien who has an approved Form I-360 as a VAWA self-petitioner.^[55]

Aliens Who Have Earned or Can be Credited with 40 Qualifying Quarters of Work

An alien who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States under the Social Security Act (PDF) (SSA) is exempt from the requirement to file a Form I-864.^[56] A quarter, as defined by the Social Security Administration, is a period of 3 calendar months ending on March 31, June 30, September 30, or December 31.^[57] 

An alien can acquire 40 qualifying quarters through any of the following circumstances:

• Any quarter during which the alien works in the United States, as long as the alien received the minimum income established by the Social Security Administration during the entire quarter;^[58] 
• Being credited with quarters the alien’s spouse worked during the marriage;^[59] 
• Being credited with any quarters during which the alien was under 18 years of age and the alien’s parent worked;^[60] or 
• A combination of the above.^[61]

Since 1978, quarters are based on total wages and self-employment income earned during the year, regardless of the months during the year the actual work was performed.^[62] An applicant can earn all four credits for the year in less time if the applicant earns the required income. 

For example, in 2014, a person must have earned $1,200 in covered earnings to earn one Social Security or Medicare work credit and $4,800 to earn the maximum four credits for the year. A person who earned $4,800 in 2014 earned all four credits for the year regardless of how long that year it took to earn the income. 

An officer does not need to calculate the alien’s quarters. Aliens who claim they can be credited with sufficient quarters of coverage must submit official Social Security records to support the claim.^[63]

2. Adjustment Applications Filed Before December 19, 1997

Any applicant for adjustment of status who filed a Form I-485 before December 19, 1997 is exempt from the requirement to file a Form I-864.^[64] The exemption is dependent on the filing date and applies even if USCIS conducts the interview or adjudicates the case after that date.

3. Other Categories of Applicants Not Required to File Form I-864

The following are categories of immigrants who are not required to file a Form I-864 with Form I-485, but who are subject to the public charge ground of inadmissibility:^[65]

• Diversity immigrants;^[66] 
• Employment-based immigrants, unless the visa petition was filed by a relative or an entity in which the applicant’s relative has a significant ownership interest, as described above;^[67] 
• Immigrant investors;^[68] 
• Diplomats or high-ranking officials unable to return home (Section 13 of the Act of September 11, 1957);^[69] 
• Certain entrants before January 1, 1982;^[70] 
• S nonimmigrants;^[71] 
• Religious workers;^[72]
• Certain employees or former employees of the U.S. government abroad;^[73] 
• Panama Canal Zone employees;^[74] 
• Certain physicians;^[75] 
• G-4 or NATO-6 employees and their family members;^[76] 
• Certain U.S. armed forces members (also known as the Six and Six program);^[77] 
• Certain broadcasters;^[78] and 
• Immigrants applying under the Amerasian Act of 1982.

The following are categories of immigrants not required to file a Form I-864 with Form I-485, and who are not subject to the public charge ground of inadmissibility:

• Refugees and asylees at time of adjustment of status to lawful permanent resident status;^[79] 
• Immigrants applying under the Amerasian Homecoming Act;^[80] 
• Afghan and Iraqi Interpreters, or Afghan and Iraqi nationals employed by or on behalf of the U.S. Government;^[81] 
• Cuban and Haitian entrants applying for adjustment of status under section 202 of the Immigration Reform and Control Act of 1986;^[82] 
• Immigrants applying under the Cuban Adjustment Act;^[83] 
• Nicaraguans and other Central Americans applying under the Nicaraguan Adjustment and Central American Relief Act;^[84] 
• Haitians applying under the Haitian Refugee Immigration Fairness Act of 1998;^[85] 
• Lautenberg parolees;^[86] 
• Special immigrant juveniles;^[87] 
• Applicants for Registry;^[88] 
• Victims of human trafficking (T nonimmigrants);^[89] 
• Victims of qualifying criminal activity (U nonimmigrants);^[90] 
• Haitians adjusting status under the Help Haiti Act of 2010;^[91]  
• Self-petitioners under the VAWA;^[92] 
• Certain “qualified aliens” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA);^[93] 
• Applicants adjusting status who qualify for a benefit as surviving spouses, children, or parents of military members;^[94] 
• American Indians born in Canada;^[95] 
• Nationals of Vietnam, Cambodia, and Laos applying under the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2001;^[96] 
• Polish or Hungarian Parolees;^[97]
• Applicants adjusting under Liberian Refugee Immigration Fairness (LRIF);^[98]
• Certain Syrian nationals;^[99] and 
• Any other categories of aliens exempt under any other law from the public charge ground of inadmissibility provisions under INA 212(a)(4).

D. Consideration of Form I-864 as a Factor in the Totality of the Circumstances Analysis

Under INA 212(a)(4)(B)(ii), USCIS officers “may also consider any affidavit of support under” INA 213A for the purpose of making public charge inadmissibility determinations. USCIS officers may^[100] only consider a sufficient Form I-864, in the totality of the circumstances.^[101]

Under the statute, the minimum income the sponsor must demonstrate for a Form I-864 to be deemed sufficient is generally 125 percent of the FPG^[102] based on the sponsor’s household size.^[103] Officers should carefully review the Form I-864 to ensure that the sponsor has included in the household size:

• Any person for whom he or she has claimed on his or her Federal income tax return for the most recent tax year, whether or not such persons are living with him or her; 
• All aliens that have already sponsored under any other Form I-864 for whom his or her support obligation has not terminated; and
• Any aliens to be sponsored under the current Form I-864.^[104]

If all sponsors provided the statutorily required minimum financial support to the aliens they are obligated to sponsor as required by statute and the legally binding Form I-864, the sponsored aliens would be less likely to turn to the government first for financial support.^[105] Additionally, Federal and State deeming provisions should reduce the likelihood that a sponsored alien would be eligible for a means-tested benefit.^[106] That was the intent of Congress in establishing the legally-binding affidavit of support requirement.^[107]

However, sponsors have been known to fail to fulfill their obligations due to financial distress or unwillingness to support the alien, as demonstrated by suits filed by sponsored aliens to enforce the statutory requirement that sponsors provide financial support to the sponsored aliens at the level required by statute for the period the obligation is in effect.^[108] USCIS also encounters sponsored aliens who have received means-tested public benefits while their sponsors’ support obligations are still in effect.^[109]

Therefore, when USCIS officers decide in their discretion to consider a sufficient Form I-864 when making a public charge inadmissibility determination, they should give that sufficient Form I-864 weight within the totality of the circumstances analysis based on the likelihood, in their opinion, that the sponsor will actually provide the statutorily-required amount of financial support to the sponsored alien.

In assessing the likelihood that a sponsor will actually provide the statutorily-required amount of financial support to the sponsored alien, officers may consider:

• The sponsor’s relationship to the sponsored alien, including whether the sponsor lives with or intends to live with the sponsored alien;
• Whether the sponsor has provided the statutorily-required amount of support to any alien(s) he or she has sponsored in the past or is currently sponsoring;
• The degree to which the sponsor’s annual income, assets, and resources exceeds the minimum level required by the statute for him or her to serve as a sponsor;
• Whether the sponsor is currently receiving means-tested public benefits;
• Whether the sponsor has received a fee waiver from USCIS for an immigration benefit request; and
• The sponsor’s financial history, including a history of bankruptcy or failure to meet his or her financial responsibilities. 

A sufficient Form I-864 does not, alone, result in a finding that an alien is not inadmissible under the public charge ground due to the statute’s requirement to consider the statutory minimum factors and officers’ consideration of all relevant factors, circumstances, information, and evidence in the record.^[110] 

Footnotes

[^ 1] See, for example, Gegiow v. Uhl, 239 U.S. 3 (1915) (noting that immigration officers considered, among other factors, that the aliens had “no one legally obligated here to assist them.”).

[^ 2] See United States v. Reimer, 83 F.2d 166 (2d Cir. 1936), in which the unwillingness of a family member to support the alien, and the willingness of a friend to support the alien, were considered.

[^ 3] See Gordon, Charles, Aliens and Public Assistance, Immigration and Naturalization Service Monthly Review, March 1949.

[^ 4] See S. Rep. 81-1515, p. 347 (1950).

[^ 5] See Pub. L. 82-414 (PDF), sec. 245(a), 66 Stat. 163, 217.

[^ 6] See Matter of Harutunian, 14 I&N Dec. 583 (Reg. Comm. 1974).

[^ 7] See San Diego County v. Viloria, 276 Cal. App. 2d 350, 80 Cal. Rptr. 869 (Ct. App. 1969). See State ex rel. Atty. Gen. v. Binder, 356 Mich. 73, 96 N.W.2d 140 (1959). See Dep't of Mental Hygiene of State of Cal. v. Renel, 10 Misc. 2d 402, 173 N.Y.S.2d 231 (App. Term), aff'd, 6 A.D.2d 782, 175 N.Y.S.2d 556 (1958), aff'd, 6 N.Y.2d 791, 159 N.E.2d 678 (1959). 

[^ 8] See S. Rep. 81-1515, p. 347 (1950).

[^ 9] See 8 U.S.C. 1601.

[^ 10] See Title V, Subtitle C of Pub. L. 104-208 (PDF), 110 Stat. 3009, 3009-675 (September 30, 1996).

[^ 11] A sponsor may use Form I-864EZ if the sponsor is the Petition for Alien Relative (Form I-130) petitioner, there is only one beneficiary on the Form I-130 petition, and the income the sponsor is using to qualify is based entirely on the sponsor’s salary or pension and is shown on one or more Forms W-2 provided by the sponsor’s employer(s) or former employer(s). Hereinafter, any references to the Form I-864 also include the Form I-864EZ.

[^ 12] Filed on Form I-864 or Form I-864EZ.

[^ 13] As required under INA 212(a)(4) and INA 213A.

[^ 14] See INA 213A. See 8 CFR 213a.

[^ 15] See INA 213A. A sponsor who is on active duty (other than active duty for training) in the U.S. armed forces and who is petitioning for a spouse or child only has to demonstrate the means to maintain an annual income equal to at least 100 percent of the FPG. See 8 CFR 213a.2(c)(2).

[^ 16] See INA 212(a)(4)(D).

[^ 17] See INA 212(a)(4) and INA 213A. A sponsor may use Form I-864EZ if the sponsor is the Form I-130 petitioner, there is only one beneficiary on the Form I-130 petition, and the income the sponsor is using to qualify is based entirely on the sponsor’s salary or pension and is shown on one or more Forms W-2 provided by the sponsor’s employer(s) or former employer(s). 

[^ 18] See INA 212(a)(4) and INA 213A.

[^ 19] See INA 212(a)(4).

[^ 20] See INA 201(b)(2). Certain orphans that become U.S. citizens at time of adjustment of status under INA 320 are exempt from filing Form I-864.

[^ 21] See INA 203(a)(1).

[^ 22] See INA 203(a)(2).

[^ 23] See INA 203(a)(3).

[^ 24] See INA 203(a)(4).

[^ 25] Even though an affidavit of support is not required, an officer still makes a public charge inadmissibility determination when assessing the applicant’s admissibility, unless the applicant is exempt from the public charge ground of inadmissibility.

[^ 26] For employment-based cases, an affidavit of support is required only if the intending immigrant will work for a relative who is eligible to file a Form I-130 petition, on behalf of the intending immigrant. For purposes of the affidavit of support, a relative is defined as a U.S. citizen or LPR who is the intending immigrant’s spouse, parent, child, adult son or daughter; or a U.S. citizen who is the intending immigrant’s brother or sister. See 8 CFR 213a.1.

[^ 27] An entity includes any petitioning for-profit entity such as a business or corporation.

[^ 28] Owning 5 percent or more of an entity constitutes a significant ownership interest. See 8 CFR 213a.1.

[^ 29] This includes a relative who is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse. See 8 CFR 213a.2(a)(2)(i)(A).

[^ 30] See 8 CFR 213a.2(a)(2)(i)(A). K nonimmigrants include the fiancé(e)s of U.S. citizens and their accompanying children, spouse of a U.S. citizen and their accompanying minor children, and step-children of U.S. citizens. A child has to be under 21 years of age. See INA 101(b).

[^ 31] See Matter of Sesay (PDF), 25 I&N Dec. 431 (BIA 2011).

[^ 32] See Matter of Song, 27 I&N Dec. 488, 492 (BIA 2018) (noting that the two exceptions to the requirement that the petitioner execute Form I-864 are when the applicant is or was married to an abusive spouse as set forth in INA 204(a)(1)(A)(iii) and INA 204(a)(1)(A)(iv), or when the petitioner died before the adjustment application was adjudicated and the applicant has a qualifying relative execute a Form I-864 as set forth in INA 213A).

[^ 33] Supporting documentation such as federal income tax returns or transcripts, W-2, and employment verification.

[^ 34] See 8 CFR 213a.2(g).

[^ 35] See INA 212(a)(4)(A).

[^ 36] See INA 212(a)(4)(B).

[^ 37] See INA 212(a)(4)(C).

[^ 38] As outlined in INA 212(a)(4)(E).

[^ 39] See INA 101(a)(15)(U).

[^ 40] See Sections 431(b) and 431(c) of PRWORA, Pub. L. 104-193 (PDF), 110 Stat. 2105, 2274 (August 22, 1996), as amended.

[^ 41] See INA 203(b).

[^ 42] Under INA 213A. See 8 CFR 213a.

[^ 43] As required under INA 212(a)(4)(D) and INA 212(a)(4)(E) and as described in INA 213(a) and 8 CFR 213a.

[^ 44] See Chapter 3, Applicability, Section C, Exemptions [8 USCIS-PM G.3(C)].

[^ 45] See 8 CFR 213a.2(a)(1)(i)(B). As of December 10, 2024, applicants make a request for an exemption from the Form I-864 requirement using the Application to Register Permanent Residence or Adjust Status (Form I-485). 

[^ 46] See the Child Citizenship Act of 2000, Pub. L. 106-395 (PDF) (October 30, 2000). See INA 320.

[^ 47] See 8 CFR 213a.2(a)(1)(i)(B).

[^ 48] See INA 320. See Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320) [12 USCIS-PM H.4].

[^ 49] See INA 320. For more information on children acquiring citizenship under the Child Citizenship Act of 2000, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320) [12 USCIS-PM H.4]. 

[^ 50] See the Child Citizenship Act of 2000, Pub. L. 106-395 (PDF) (October 30, 2000).

[^ 51] An IR-4 or IH-4 immigrant becomes a citizen under INA 320 only when the adoption is finalized after admission and all eligibility requirements are met. See the Before Your Child Immigrates to the United States webpage.

[^ 52] The stepchild of a U.S. citizen does not acquire citizenship under INA 320. See Acevedo v. Lynch, 798 F.3d 1167, 1171 (9th Cir. 2015). See Matter of Guzman-Gomez (PDF), 24 I&N Dec. 824 (BIA 2009).

[^ 53] See INA 212(a)(4)(C)(i)(I). 

[^ 54] See INA 212(a)(4)(C). See INA 212(a)(4)(E)(i). See Section 804 of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Pub. L. 113-4 (PDF), 127 Stat. 54, 111 (March 7, 2013).

[^ 55] See INA 212(a)(4)(C). See INA 212(a)(4)(E)(i). See Section 804 of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Pub. L. 113-4 (PDF), 127 Stat. 54, 111 (March 7, 2013).

[^ 56] Qualifying quarter, as defined under Title II of the Social Security Act, is specifically tied to earnings. For more information, see the Social Security Administration's website. 

[^ 57] See 42 U.S.C. 413.

[^ 58] Credits are based on total wages and self-employment income during the year. For more information, see the Social Security Administration's website.

[^ 59] See INA 213A(a)(3)(B). An alien cannot claim credit for any quarter worked by a spouse in which the spouse was receiving federal means-tested public benefits.

[^ 60] See INA 213A(a)(3)(B). An alien cannot claim credit for any quarter worked by a parent in which the parent was receiving federal means-tested public benefits.

[^ 61] However, quarters cannot be counted more than once even if there are multiple circumstances that apply to make a quarter qualifying. 

[^ 62] See 20 CFR 404.142.

[^ 63] See 8 CFR 213a.2(a)(2)(ii)(C).

[^ 64] See 8 CFR 213a.2(a)(2)(i) and 8 CFR 213a.2(a)(2)(ii)(B). See Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. 104-208 (PDF) (September 30, 1996).

[^ 65] For some of these categories, although the applicants are subject to public charge under INA 212(a)(4), the employers generally would not be a relative of the alien or a for-profit entity and therefore the requirement for an affidavit of support under INA 212(a)(4)(D) is inapplicable.

[^ 66] A winner of the diversity visa lottery does not need to file a petition with USCIS. Diversity visas are issued under INA 203(c) which do not fall under INA 212(a)(4)(C) or INA 212(a)(4)(D).

[^ 67] See INA 212(a)(4). This exemption also includes Afghan and Iraqi Interpreters who received a special immigrant visa by filing a petition under INA 203(b)(4).

[^ 68] See INA 203(b)(5).

[^ 69] See Section 13 of Pub. L. 85-316 (September 11, 1957), as amended by Pub. L. 97-116 (PDF) (December 29, 1981). See 8 CFR 245.3.

[^ 70] See INA 245A(b)(1)(C)(i) and INA 245A(a)(4)(A). See INA 245A(d)(2)(B)(iii) for the special rule for determination of public charge for these applicants. Certain aged, blind, or disabled persons as defined in Section 1614(a)(1) of the Social Security Act, codified at 42 U.S.C. 1382c(a)(1), may apply for a waiver of inadmissibility due to public charge. See INA 245A(d)(2)(B)(ii).

[^ 71] S nonimmigrants may file a waiver of the public charge ground of inadmissibility on Inter-Agency Alien Witness and Informant Record (Form I-854). See INA 245(j) and INA 101(a)(15)(S). See 8 CFR 214.2(t)(2) and 8 CFR 1245.11. 

[^ 72] Includes the following categories: SD-6 (ministers), SD-7 (spouses of SD-6), SD-8 (children of SD-6), SR-6 (religious workers), SR-7 (spouses of SR-6), and SR-8 (children of SR-6).

[^ 73] See INA 101(a)(27)(D). See 22 CFR 42.32(d)(2). Includes the following categories: SE-6 (employees of U.S. government abroad, adjustments), SE-7 (spouses of SE-6), and SE-8 (children of SE-6). Note that this program does not have a specific sunset date and technically applicants could apply but should have already applied.

[^ 74] See INA 101(a)(27)(E), INA 101(a)(27)(F), and INA 101(a)(27)(G). See 22 CFR 42.32(d)(3). Includes the following categories: SF-6 (former employees of the Panama Canal Company or Canal Zone Government), SF-7 (spouses or children of SF-6), SG-6 (former U.S. government employees in the Panama Canal Zone), SG-7 (spouses or children of SG-6), SH-6 (former employees of the Panama Canal Company or Canal Zone Government, employed on April 1, 1979), and SH-7 (spouses or children of SH-6). Note that this program does not have a specific sunset date and technically applicants could apply but should have already applied.

[^ 75] See INA 101(a)(27)(H) and INA 203(b)(4). Includes the following categories: SJ-6 (foreign medical school graduate who was licensed to practice in the United States on Jan. 9, 1978) and SJ-7 (spouses or children of SJ-6). Note that this program does not have a specific sunset date and technically applicants could apply but should have already applied.

[^ 76] See INA 101(a)(27)(I) and INA 101(a)(27)(L). See 8 CFR 101.5. See 22 CFR 42.32(d)(5). See 22 CFR 41.24 and 22 CFR 41.25. Includes SN-6 (retired NATO-6 civilian employees), SN-7 (spouses of SN-6), SN-9 (certain surviving spouses of deceased NATO-6 civilian employees), and SN-8 (certain unmarried sons and daughters of SN-6).

[^ 77] See INA 101(a)(27)(K). Includes the following categories: SM-6 (U.S. armed forces personnel, service (12 years) after October 1, 1991), SM-9 (U.S. armed forces personnel, service (12 years) by October 1991), SM-7 (spouses of SM-1 or SM-6), SM-0 (spouses or children of SM-4 or SM-9), and SM-8 (children of SM-1 or SM-6).

[^ 78] See INA 101(a)(27)(M). See 8 CFR 204.13. Includes the following categories: BC-6 (broadcast (IBCG of BBG) employees), BC-7 (spouses of BC-1 or BC-6), and BC-8 (children of BC-6).

[^ 79] See INA 209(c).

[^ 80] See Section 584 of Pub. L. 100-202 (PDF), 101 Stat. 1329, 1329-183 (December 22, 1987).

[^ 81] See Section 1059(a)(2) of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. 109-163 (PDF), 119 Stat. 3136, 3444 (January 6, 2006), as amended, and Section 602(b) of the Afghan Allies Protection Act of 2009, Title VI of Pub. L. 111-8 (PDF), 123 Stat. 524, 807 (March 11, 2009), as amended, and Section 1244(g) of the National Defense Authorization Act for Fiscal Year 2008, as amended, Pub. L. 110-181 (PDF), 122 Stat. 3, 396 (January 28, 2008).

[^ 82] See Section 202 of the Immigration Reform and Control Act of 1986 (IRCA), Pub. L. 99-603 (PDF), 100 Stat. 3359, 3404 (November 6, 1986), as amended.

[^ 83] See Cuban Adjustment Act, Pub. L. 89-732 (PDF) (November 2, 1966), as amended.

[^ 84] See Sections 202(a) and 203 of Pub. L. 105-100 (PDF), 111 Stat. 2160, 2193 (November 19, 1997), as amended.

[^ 85] See Section 902 of Pub. L. 105-277 (PDF), 112 Stat. 2681, 2681-538 (October 21, 1998), as amended.

[^ 86] See Section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1990, Pub. L. 101-167 (PDF), 103 Stat. 1195, 1263 (November 21, 1989), as amended.

[^ 87] See INA 245(h). 

[^ 88] Registry is a section of immigration law that enables certain aliens who have been present in the United States since January 1, 1972, the ability to apply for lawful permanent residence even if currently in the United States unlawfully. See INA 249. See 8 CFR 249.

[^ 89] See INA 245(l). If the applicant is adjusting based on an employment-based petition where the petition is filed by either a qualifying relative, or an entity in which such relative has a significant ownership interest (5 percent or more), and the applicant, at both the time of filing and adjudication of the Form I-485, is still in valid T nonimmigrant status, the applicant is not subject to INA 212(a)(4) but is still required to file Form I-864. See 8 CFR 213a.2(b)(2).

[^ 90] See INA 101(a)(15)(U) and INA 212(a)(4)(E)(ii). See Section 804 of the Violence Against Women Reauthorization Act of 2013, Pub. L. 113-4 (PDF) (March 7, 2013). If the applicant is adjusting based on an employment-based petition where the petition is filed by either a qualifying relative, or an entity in which such relative has a significant ownership interest (5 percent or more), and the applicant, at both the time of filing and adjudication of the Form I-485, is still in valid U nonimmigrant status, the applicant is not subject to INA 212(a)(4) but is still required to file Form I-864. See 8 CFR 213a.2(b)(2).

[^ 91] See Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act), Pub. L. 111-293 (PDF) (December 9, 2010).

[^ 92] See INA 212(a)(4)(E)(i).

[^ 93] See INA 212(a)(4)(E)(iii). See Section 804 of the Violence Against Women Reauthorization Act of 2013, Pub. L. 113-4 (PDF) (March 7, 2013). See Section 431(c) of Pub. L. 104-193 (PDF), 110 Stat. 2105, 2274 (August 22, 1996). See 8 U.S.C. 1641(c).

[^ 94] See Section 1703 of the National Defense Authorization Act, Pub. L. 108-136 (PDF), 117 Stat. 1392, 1693 (November 24, 2003) (posthumous benefits to surviving spouses, children, and parents).

[^ 95] See INA 289.

[^ 96] See Section 586 of Pub. L. 106-429 (PDF), 114 Stat. 1900, 1900A-57 (November 6, 2000) under 8 CFR 245.21.

[^ 97] Includes certain Polish and Hungarian parolees who were paroled into the United States from November 1, 1989 to December 31, 1991. See Section 646(b) of IIRIRA, Division C of Pub. L. 104-208 (PDF), 110 Stat. 3009-546, 3009-709 (September 30, 1996).

[^ 98] See Section 7611 of the National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92 (PDF), 113 Stat. 1198, 2309 (December 20, 2019) (Liberian Refugee Immigration Fairness), later extended by Section 901 of Division O, Title IX of the Consolidated Appropriations Act of 2021, Pub. L. 116-260 (PDF), 134 Stat. 1182, 2155 (December 27, 2020) (Adjustment of Status for Liberian Nationals Extension).

[^ 99] See Pub. L. 106-378 (PDF) (October 27, 2000).

[^ 100] USCIS officers should generally consider a sufficient Form I-864. A USCIS officer should only decide, in his or her discretion, to not consider a sufficient Form I-864 with supervisory concurrence. If the officer finds the alien inadmissible under INA 212(a)(4) in such a case, he or she should articulate the reason(s) why he or she decided to not consider the sufficient Form I-864 in a Notice of Intent to Deny (NOID) or denial notice, as applicable.

[^ 101] Aliens required to submit a Form I-864, and who are not otherwise exempt, are inadmissible on the public charge ground if they do not submit a sufficient Form I-864. In such cases, USCIS does not engage in a totality of the circumstances analysis. If an alien submits more than one Form I-864, only those that meet the requirements of INA 213A are relevant to the public charge inadmissibility determination.

[^ 102] See INA 213A. See 8 CFR 213a.

[^ 103] See INA 213A(a)(1)(A). A sponsor who is on active duty (other than active duty for training) in the U.S. armed forces and who is petitioning for a spouse or child only has to demonstrate the means to maintain an annual income equal to at least 100 percent of the FPG. See 8 CFR 213a.2(c)(2).

[^ 104] See 8 CFR 213a.1.

[^ 105] See 8 U.S.C. 1601(5).

[^ 106] See Section 564(f) of IIRIRA, Division C of Pub. L. 104-208 (PDF), 110 Stat. 3009-546, 3009-684 (September 30, 1996). Under INA 291, the sponsor’s income and resources, as well as the income and resources of the sponsor’s spouse, is counted as the sponsored immigrant’s income for the purposes of determining eligibility for any Federal means-tested public benefits.

[^ 107] See 8 U.S.C. 1601(5).

[^ 108] See Erler v. Erler, 824 F.3d 1173 (9th Cir. 2016). See Belevich v. Thomas, 17 F.4th 1048 (11th Cir. 2021). See Wenfang Liu v. Mund, 686 F.3d 418 (7th Cir. 2012).

[^ 109] USCIS acknowledges that an alien can be eligible for some means-tested public benefits even if the sponsor has fulfilled his or her obligation and maintained the sponsored immigrant at an annual income that is not less than 125 percent of the FPG. This is because many means-tested public benefits have income-based eligibility thresholds higher than 125 percent of the FPG. Sponsors are still required to reimburse the government for the costs of the benefit provided in such cases. See INA 213A(b).

[^ 110] See INA 212(a)(4)(B).