What happens when your income doesn’t meet the criteria for an affidavit of support(Form I-864)? It’s tough, but not hopeless! Call us now@ +1 7039640245 or fill our contact form.

MY INCOME ISN’T ENOUGH FOR AN AFFIDAVIT OF SUPPORT.

For better or for worse, immigrants coming into the United States are required to be able to financially support themselves. Usually, a sponsor takes on the role of providing that support if it becomes necessary. In this case, the help of USCIS and an American (most likely, but not necessarily, a family member) is vital. Hence, the need for an affidavit of support (Form I-864).

What Is An Affidavit Of Support(Form I-864)?

An affidavit of support is a contract between the U.S. government and a sponsor. By signing this contract, you agree to support the intending immigrant with your financial resources at a certain level if it becomes necessary. Naturally, you become the sponsor after signing the contract. While there are other ways to support an intending immigrant, and even another type of affidavit of support, here, the “affidavit of support” refers only to Form I-864.

By filing form I-864, you become responsible for supporting an aspiring American when he/she becomes a permanent resident, or green card holder. Note: this does not mean the sponsor must pay the intending immigrant’s bills! However, the sponsor does undertake the obligation to ensure that the intending immigrant does not become a “public charge” – someone who takes means-tested public benefits such as food stamps. In this light, it’s better called an agreement between the U.S. government, the sponsor, and the immigrant. This agreement covers that you (the sponsor) are willing to support the immigrant, and share your resources with them.

While this is ordinarily a very simple ordeal, it has a tricky part to it. To the U.S. government, your assets and resources will be available to the permanent resident. However, if you fail to financially support the immigrant, you may be sued for the value of benefits the intending immigrant has taken.
The responsibilities of a sponsor last until:

• The aspiring citizen becomes a U.S. citizen
• The sponsored immigrant or sponsor dies
• The immigrant completes about 10 years of work (40 quarters) in the United States
• It's most noteworthy that the sponsor's obligations continue even if the parties in a marriage divorce.

So, there you have it. These conditions are exactly why you should ensure you’re financially stable enough before sponsoring an immigrant. That being said, not everyone is eligible to be sponsors. To get your affidavit of support(Form I-864) approved, you need to meet the following criteria:

• You must be a lawful permanent resident or U.S. citizen
• You must be at least 18 years old
• Your income must be at least 125% of HHS poverty guidelines for your household size.
• If you’re in the military, your income must be at least 100% of HHS poverty guidelines.

My Income Isn’t Enough For An Affidavit Of Support(Form I-864)
Imagine trying to fill Form I-864 (affidavit of support) for a family member, or a friend. You have somehow managed to fulfill all requirements to become eligible as a sponsor. And just when the moment arrived to gain approval, you get rejected – On the count that your income isn’t enough. This scenario playing out is sure to leave a taste of disappointment.

Rejecting your form like this is an action that has you, and the U.S. in consideration. The affidavit of support(Form I-864) is intended to ensure that aspiring Americans don’t become a burden to the United States. So, if you don’t meet the minimum income for an affidavit of support, there is no guarantee that you would be able to support the immigrant.

That being said, things like this are just too important to give up on. If your income isn't enough for an affidavit of support, there are alternatives that would allow you to meet sponsorship requirements. They include:

Get A Joint Sponsor
If your income isn’t enough for an affidavit of support, then you should get a joint sponsor. A joint sponsor who meets all requirements may fill form I-864 and sponsor the intended immigrant. Despite this, you (the petitioning sponsor) still need to file Form I-864 – even if your income is zero.
So here is everything you need to know about getting a joint sponsor:

• Naturally, a joint sponsor must be able to take on the obligation of a petitioning sponsor with you. That is, the obligation of supporting your family member or friend.
• While this seems like a backdoor, you cannot get a joint sponsor if you meet the income requirements for form I-864.
• A joint sponsor must be an individual, and not an organization or corporation.
• You can have only two joint sponsors, at most.
• Your joint sponsor must meet all requirements for form I-864 on his/her own.
• Even if you get a joint sponsor, you are still legally responsible for supporting the immigrant, and the liability is “joint and several,” meaning if a public benefit is taken by the immigrant, the US government agency can sue you for the full amount, or the joint sponsor for the full amount, or both of you together for the full amount.

Use Assets.

Getting a joint sponsor is one way, but another way to qualify for form I-864 is by using assets. To do this, you may need to:
​

• Submit evidence of the value of your assets
• Evidence of the aspiring immigrant’s assets
• Provide evidence of a household member's assets.

Get Your Affidavit Of Support(Form I-864) Approved.
If you’re still hitting a wall even after considering these alternatives, then contact us to get further assistance
.
At the HMA Law Firm, we take on the practice of directly facing our clients' problems. Write-ups might be helpful, but not as much as a professional intervention.

Reuniting people with their families is what we do at the HMA  Law Firm. Whether you meet the criteria or not, jump on a call and discuss your goals with us.

Everyone needs family or friends, no matter where they go. We will leave no stone unturned to help you reunite with your loved ones.

Hassan M. Ahmad, Esq.

Description:
As reality set in for the entire U.S. regarding the furlough of 70% of USCIS's workforce, a counter announcement on August 25, 2020 may have just turned the situation on its head. The potential furlough of over two-thirds of the employees of USCIS has been canceled. This unexpected turn of events promises to leave a huge impact on everyone – immigrants, aspiring citizens, U.S. citizens, and USCIS employees.

USCIS FURLOUGH: CANCELED

Recent developments have revealed that the furlough of 70% of the workforce of USCIS has been canceled. While we all can breathe a sigh of relief, the root causes of the now-canceled potential furlough still remain.

Just how much longer can this situation last? This once again has much in store for everyone concerned. How much potential impact did the furlough have before it was canceled? What are we to expect from its sudden cancellation?

USCIS FURLOUGH: ITS POTENTIAL IMPACTS

U.S. Citizenship and Immigration Services (USCIS) had announced earlier this summer, furloughs of 70% of its workforce. This event would have ground the entire U.S. immigration system to a halt.

This announcement spread like wildfire, leaving no one out of its wake. USCIS employees, aspiring Americans, U.S. citizens, and their immigrant families and employers all bit their nails with anxiety. Rightfully so, because:

• USCIS would be crippled and effectively halt its operations
• Aspiring citizens of the U.S. would be left with the status "aspiring". It would be impossible to become full-fledged citizens.
• Furloughed USCIS employees would be left unemployed, throwing a huge blow to the economy, right in the middle of a global pandemic and Depression-sized unemployment.
• Renewal filings of immigrants would be left unattended to.

Imagine filing for citizenship, doing everything right, paying the $725 filing fee in a rush before it jumps to $1190, and after complying with the law – only to have the agency responsible for granting your citizenship just go dark. Never mind the money. The anxiety, stress, and time wasted are enough to despair about.

The lights were going to go off on August 31. However, on August 25, the announcement that USCIS canceled the furlough of its workers took people by surprise.

USCIS CANCELS FURLOUGH: WHAT TO EXPECT

The furlough of two-thirds of USICS workforce was about to happen until it got canceled earlier today. If it were that simple to just change a decision like this without backlash, then the situation would be over immediately. We stress: This isn’t over!

If the furloughs could be reverted that easily, then why were they announced in the first place? USCIS’s budget shortfall that started the whole problem is still existent. Under a parade of Trump and Miller bootlickers – Kirstjen Nielsen, Virginia’s own Ken Cuccinelli, and Chad Wolf, USCIS was run into the ground. The easiest assumption as to why is simple incompetence.

Deliberate policy changes in the immigration procedure took too high a bite off USCIS’s time, resources, and funds. In the first 3 years, it managed to push the Trump administration’s plans for immigration further into the light. In so doing, it pushed itself down a slippery slope, only hanging on to tiny vines of hope (instilled by Congress).

IT’S NOT OVER YET

With the potential furlough now canceled, the acting head of USCIS, Joseph Edlow concluded that the situation is still dire. According to him, “averting this furlough comes at a severe operational cost..”, “with no guarantee we can avoid future furloughs.”

USCIS is currently on its last legs, just managing to hold on, thanks to the prospect of Congressional action. Congress was ready to attempt funding USCIS on the condition that its policies would be amended. Indeed, it was those very policies that caused the sharp drop in application fees, leading to the budget crisis and furlough announcement. While the pandemic is also a cause, the Trump administration’s policies played a bigger part:

• Application to certain visas became tougher
• The administration proposed charging for asylum applications
• Asylum became restricted at the southern border
• Citizenship applications cost even more
• The government was allowed to deny permanent residency to immigrants on many new and expanded bases
  • To mention only a few

Congress aims to thwart these harsh unwelcoming policies so that immigration in the U.S. can flow as it once did. This aim is an opposition to the Trump administration's goals.

Even with the furlough being canceled, and if USCIS funds problem gets resolved, the effects would only last briefly. Considering how far the Trump administration is willing to end U.S. immigration, for just how long will USCIS be able to resist? I'll say it again: This is not over!

It’s abundantly clear that this administration is driven by racist ideology, but it doesn’t always know how to successfully implement it. So, like many other aspects of this administration, it simply creates chaos. Ask any immigration lawyer to describe the last 4 years, and "chaos" is how we'll describe it. But make no mistake: it's malicious (and communicated to the public with a healthy dose of gaslighting, of course).

The rapid-fire changes to policy go all the way from headline-grabbing (family separation, DACA revocation, and) to minutiae of which most will never hear (enhancing appellate rubberstamping, disappearance of grace periods between form upgrades). But they're all purposeful and seek one thing only: the demise of immigration to the United States.
 
FURLOUGH OR NOT: FILE NOW

For now, you need to stay a step ahead. Never mind the furlough being canceled, the future is still uncertain for USCIS. So, for a whole lot more than simple precautions, you should file your cases now. It's okay to breathe a sigh of relief and rest - but take no chances.

You don’t need to worry about uncertainties – leave the what-ifs to us. At the HMA Law Firm, we rely on experience to resolve our clients’ problems. The combined experience of all our experienced attorneys is here for you.

Where you’re unsure, our attorneys will point you towards the right path. We will lead you through every obstacle blocking your citizenship. We’ll follow through your case from start to finish, no matter how hard it seems.

If there’s a way, we’ll find it. So, help us help you! Reach out to us by jumping on a call, or filling our contact form!

FURLOUGH: FILE NOW

Description:

Recent furlough developments threaten to put USCIS, its workers, and all of its activities to a halt. This event has an earful in store for USCIS, aspiring immigrants, and the citizens of the United States.

The year has been filled with one hurdle after another, with the coronavirus being on top of the list. But just when we thought things couldn't get any worse, prolonged mismanagement has forced the entire agency to announce furloughs of 70% of its workforce. While this event could potentially shake the entirety of the U.S., it especially bares its fangs on aspiring immigrants, and future citizens of the United States.

What Is A Furlough?

A furlough is a mandatory leave of absence placed on employees. In simple terms, furlough is time off without pay. Naturally, when workers are furloughed, they get to return to work when their employer deems fit.

The Rising Issue

​The U.S. Citizenship and Immigration Services (USCIS) is set to furlough about 13,400 of its employees by the end of  August 2020. A furlough is never a pleasant event for anyone, but we are talking about the agency responsible for granting immigration benefits to millions of future citizens. We stress: this has never happened before.Recent issues relating to USCIS already had citizens (current and aspiring) biting their nails in anxiety.

The Trump administration is dedicated to dismantling US immigration. While it may have stated their focus was on “illegal immigration,” the record since 2017 makes it plain that the real effort was against immigration, writ large. The Muslim ban, TPS de-designation, scrutiny on H-1B petitions, the revocation of DACA, the public charge rule, the reprogramming of asylum law are but a few examples of the administration’s assault on due process in immigration. The grand finale – the halt of the U.S. immigration system - is by design. 

There's little surprise here. In the first 3 years of the Trump administration, USCIS put in a lot of effort into tightening immigration procedures. This, in turn, led to a dramatic 900,000 decrease in the number of immigration petitions between 2017 and 2019, as noted by CNN.

USCIS's source of funds is the money they make from filing fees. Naturally, fewer immigration petitions coming in means less funds for USCIS. USCIS is the architect of its own pending misfortune.

That being said, if the furlough actually happens, its effects would be overwhelming on everyone concerned. It won't only impact USCIS, but will also affect its federal employees, immigrants, aspiring Americans, and their U.S. citizen family members and employers – and all in the middle of a global pandemic.

● Realistically, many U.S citizens would be facing unemployment in these times of economic insecurity.

● Hundreds of thousands of aspiring citizens would be left unattended to since the immigration system would be crippled.

● Immigrants in the U.S could lose their legal immigration and face deportation. This is because USCIS would lack the capacity to handle their renewal filings.

● After the furlough, USCIS would be unable to function with its remaining workforce. This would cause all activities to come to an abrupt halt.

A Ray Of Hope

Amidst all the negatives, Congress decided to intervene. USCIS would be funded as a part of the COVID-19 relief package, and guidelines will be provided to ensure responsibility and accountability. The sidebars Congress laid on the table were specifically aimed to return USCIS to its original duty from the "vetting -function" it had been performing since the change in administration.

USCIS's deliberate policy choices not only deterred thousands of aspiring citizens, but it also wasted the agency's resources. It shows how much the Trump administration intends to block off immigration into the United States.

As a representative of the people, Congress’ goal is to ensure that U.S. citizens don’t lose their jobs due to the furlough, and immigrants are not separated from their families, nor obstructed in their businesses. All these and more, are things we aim to achieve in our law firm.

File for What You Can, As Soon As You Can, While You Still Can

Issues of citizenship and Immigration are becoming increasingly difficult as the year goes by. But don’t panic! – this only means you should act quickly before things move further out of your reach.

At the HMA Law Firm, we stand firmly on the belief that every hurdle, even in this case, can be overcome when we pool our legal assets together, along with time, and full attention every step of the way. Where the law finds ways to inconvenience our clients, we find ways within the law, to fight for our clients. And when the law simply doesn’t allow it, we go a step further: we advocate to change the law..

The odds are aimed to deter your immigration, but you don't have to give in. Together, we will overcome the odds and help you achieve the prosperity you long for.

Take the first step by calling us, or filling our contact form!

Get in touch with our attorneys and discuss your legal hurdles today. If there’s a way, we’ll find it.

Hassan M. Ahmad, Esq.