Memorandum: Policy Change -- Public Law 107-150, the Family Sponsor Immigration Act of 2002: Use of Substitute Sponsor if Visa Petitioner has Died   [open pdf - 100KB]

"On March 13, 2002, the President signed Public Law (P.L.) 107-150, the 'Family Sponsor Immigration Act of 2002.' P.L. 107-150 makes a significant change to the requirement for certain aliens seeking permanent residence in the United States to obtain an Affidavit of Support, (Immigration and Naturalization Service (INS) Form I-864) from their petitioner to avoid inadmissibility as a public charge under Immigration and Nationality Act (INA) § 212(a)(4)(C). Under INA § 212(a)(4)(C), an alien who seeks permanent residence as an immediate relative or family preference immigrant is inadmissible as an alien likely to become a public charge unless the visa petitioner submits a Form I-864 that meets the requirements of § 213A. This requirement also applies to employment-based immigrants, if a relative either filed the Form I-140, Immigrant Petition for Alien Worker, or has a significant ownership interest in the firm that did file the Form I-140. Previously, INA § 213A(f)(1)(D) required the visa petitioner to be the sponsor who signed the Form I-864 filed on the alien's behalf. INA [Immigration and Nationality Act] § 213A(f)(5) allowed for a 'joint sponsor,' who accepted joint and several liability with the petitioning sponsor, if the petitioner could not meet the income requirements of § 213A(a)(1)(A). In these cases, however, both the petitioner and the joint sponsor had to sign and submit Form I-864 in order for the sponsored alien to avoid inadmissibility under § 212(a)(4)(C)."