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An affidavit of support filed in accordance with INA 213A is required for most family-based immigrants and some employment-based under INA 212(a)(4). An Affidavit of Support is a legally enforceable contract between the sponsor that completes the affidavit and the U.S. Government. A sponsor must show on the affidavit that he or she has enough income and assets to maintain the intending immigrants and the rest of the sponsor’s household at 125 percent of the Federal Poverty Guidelines. If an immigrant sponsored in the affidavit receives certain public benefits, the public benefit granting agency providing the benefit may request that the sponsor repay the cost of those benefits. That agency can also sue the sponsor for failure to repay the benefits.
 
DHS intends to update regulations at 8 CFR 213a by aligning the requirements with the statutory provisions and amending sponsorship requirements to better ensure a sponsor has the assets and resources to support the intended immigrant at the statutorily required level. DHS further intends to update the provisions to allow the public benefit granting agencies to more easily obtain information from USCIS in order to seek reimbursement from a sponsor when the sponsored immigrant has received public benefits.

Statement of Need:

DHS needs these revisions to enhance the integrity of the affidavit of support. These revisions will ensure that sponsors satisfy their obligations to intending immigrants and to benefit granting agencies seeking reimbursement.

Summary of the Legal Basis:

The Immigration and Nationality Act charges the Secretary of Homeland Security with administration and enforcement of the immigration and nationality laws, including Section 213A. This rule will significantly enhance the ability of USCIS to effectively review and assess affidavits of support, as well as assist in future reimbursement actions.

Alternatives:

Anticipated Costs and Benefits:

DHS is currently still considering the specific cost and benefit impacts of the proposed provisions.

Risks: