IMMIGRATION LAW & POLICY

Affidavits of Support

 

 

STATE DEPT. ISSUES FINAL PUBLIC CHARGE REGULATION
Immigrants’ Rights Update, Vol. 13, No. 6, October 14, 1999

The U.S. State Dept. has issued a final rule regarding public charge requirements that adopts, in its entirety, a previously published interim rule.   Public Charge, Fed. Reg. 67,563 (Dec. 29, 1997) (see "State Dept. Issues New Public Charge Regulations," Immigrants’ Rights Update, Feb. 11, 1998, p. 4).

In essence, the final rule states that a properly executed affidavit of support does not necessarily establish that an individual intending to immigrate is not inadmissible on public charge grounds.  Rather, a consular officer must still be satisfied that the immigrant is not likely to become a public charge.  The rule substantially traces the Immigration and Nationality Act in requiring that an affidavit be submitted on the form designated by the attorney general and in permitting joint sponsors to submit affidavits where the sponsor and immigrant do not satisfy the income and substantial assets requirement.

The rule permits the posting of a public charge bond and requires that prearranged offers of employment, other than labor certifications, be notarized.  Finally, the rule provides that in those cases in which it is not required that the new affidavit be submitted, an individual relying solely on his or her income to establish admissibility, whose income level is below the poverty level, and who does not have adequate financial resources is presumed ineligible for admission—i.e., ineligible because he or she is likely to become a public charge.

64 Fed. Reg. 50,751–53 (Sept. 20, 1999).

 

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