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⚠️ The Real Cost of Hiring a “Notario” for Your Marriage-Based Green Card in Charleston

Estimated reading time: 5 minutes

In Charleston—and across the U.S.—too many immigrants are falling into a costly trap: trusting their future to a “notario” or document preparer instead of a qualified immigration attorney.

Just yesterday I got a call from a man who learned this lesson the hard way.

A Costly Mistake: What Happened to His Case

He came to us after his marriage-based green card application was denied.

Why? His I-864 Affidavit of Support — an essential form used to prove that a U.S. citizen spouse can financially support their immigrant spouse — was completed incorrectly. Twice.

The first error triggered a Request for Evidence (RFE) from USCIS. The second error, submitted in response to that RFE, sealed the denial of his I-485 green card application.

Both forms were prepared by a “notario” who was not licensed to practice law and had no formal training in immigration law.

Now, this man has to file a motion to reopen his case, pay an additional $800 just to be heard, and hire an attorney to do the job right — something he could have done from the beginning for less than the cost of fixing this mess.

Did you know?

An incorrect I-864 Affidavit of Support is the most common reason for a Request for Evidence on the I-485 Adjustment of Status.

What’s the Difference Between a Notario and a Real Immigration Lawyer?

In many Latin American countries, a “notario” is a highly trained legal professional. But in the United States, the term has no legal standing. In fact, using the title “notario” to offer legal advice is illegal and considered the unauthorized practice of law.

Notarios and document preparers are not allowed to:

  • Give legal advice
  • Analyze your eligibility
  • Choose the right forms
  • Guide you through complex issues
  • Represent you before USCIS

At best, they can type. At worst, they can destroy your case.

Immigration Is More Than Just Paperwork

Your immigration application is more than just filling out forms. It requires legal strategy, knowledge of current policies, and the ability to prevent (or respond to) issues like RFEs, denials, or interviews.

An immigration attorney understands how to:

  • Avoid red flags in your application
  • Ensure your financial documents meet the legal requirements
  • Navigate complications like prior visas, unlawful presence, or public charge concerns
  • Protect your timeline in a shifting immigration climate

More importantly, a licensed immigration attorney is legally required to act in your best interest.
We’re responsible for the quality of the application — and if something goes wrong, we’re accountable to you and to the law.

A notario or document preparer? They have no license. No accountability. No obligation to do what’s best for you. If they mess up your case, you’re the one who pays the price — and you have no legal recourse.

The Truth About Cost: You Pay More When You Try to Save

We know legal fees feel expensive—but they’re small compared to the cost of a denial. Filing fees, lost time, repeat medical exams, delays in work permits, and even being placed in removal proceedings can all result from preventable errors.

What’s more: we offer structured payment plans, fast-track filing options, and transparent pricing, because we believe families shouldn’t be separated just because they didn’t know where to turn.

Frequently Asked Questions

What should I do if a notario or document preparer messed up my case?

If a notario or document preparer did your application and it was denied, you may still have options — but you need to act fast. An immigration attorney can help you file a Motion to Reopen or a new application, depending on your case. Bring all documents and USCIS notices with you to your consultation so we can evaluate the best path forward.

Can I fix an I-864 or other mistake after it’s been filed?

Yes, but it depends on where your case is in the process. If you received a Request for Evidence (RFE), you may still have time to correct the mistake. If your case was denied, you may need to file a Motion to Reopen or reapply. Either way, it’s critical to get professional legal help right away to avoid more delays or permanent harm to your case.

Is it illegal for a notario to help with immigration forms?

It is illegal for a notario or document preparer to give legal advice or help choose what forms to file unless they are a licensed attorney or DOJ-accredited representative. Even if they say they’re “just helping with paperwork,” that’s still unauthorized practice of law if they guide you on legal decisions — and it often leads to serious mistakes.

Why is it better to hire an immigration attorney?

Immigration attorneys are licensed, trained in the law, and ethically required to act in your best interest. We know how to avoid mistakes that lead to RFEs, denials, and delays. Most importantly, we’re accountable if something goes wrong. A notario or document preparer isn’t.

How much does it cost to fix a notario mistake?

Fixing a bad filing can cost hundreds or even thousands of dollars — especially if you need to refile, respond to an RFE, or submit a Motion to Reopen. In the case described in this post, the government fee alone was $800. Hiring an attorney from the start is often far less expensive than trying to undo someone else’s mistakes.

If You’re Filing a Marriage-Based Green Card in Charleston—Get Professional Help

Don’t let a document preparer gamble with your future.

At Occam Immigration, we’ve helped hundreds of Charleston families avoid disaster and file correctly the first time. And if you’re already in trouble from a notario’s mistakes, we can help you fix it.

📞 Schedule a consultation today before the clock runs out.

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Writing an Affidavit for Immigration: A Guide to Supporting Letters

Estimated reading time: 5 minutes

Last Update: July 14, 2025

When a loved one is applying for a green card—especially in a marriage-based case—you may be asked to write an affidavit of support. This isn’t the government’s financial form (Form I-864), but a personal statement describing what you’ve seen and know about the couple’s relationship.
Done well, this letter can make a real difference. It gives USCIS officers something no other document can: a human perspective from someone who knows the couple personally.

Note: This is NOT a page about the “Affidavit of Support,” which is the financial support form for certain immigration applicants. Go to our Affidavit of Support page→ to learn more.

What is an Affidavit for Immigration?

An affidavit for immigration is a sworn written statement made by someone who knows the applicant (and their spouse, in marriage-based cases). The letter is used as part of the evidence to support an immigration petition, usually to prove a genuine marital relationship.

Unlike the Affidavit of Support (Form I-864)↗, which shows the U.S. petitioner can financially support the immigrant, this affidavit provides personal testimony about the relationship’s authenticity.

Under USCIS policy↗, such statements can be submitted as secondary evidence of a bona fide marriage. They’re particularly helpful if the couple lacks traditional evidence like joint leases, joint bank accounts, or tax returns.

Why is an Affidavit Important?

Immigration officers are trained to detect fraud and spot marriages entered solely for green card benefits. An affidavit offers insight from a third party—someone who has spent real time with the couple and can describe their relationship in detail.

When done well, an affidavit:

  • Reinforces the evidence already submitted
  • Fills in any gaps where joint documentation is missing
  • Demonstrates community knowledge of the couple’s relationship
  • Shows consistency across multiple sources of evidence

Who Can Write an Affidavit?

Anyone who knows the couple personally may write an affidavit. Ideal affiants include:

  • Close friends
  • Family members
  • Neighbors
  • Coworkers
  • Religious or community leaders

The more time they’ve spent with the couple, the more persuasive their letter will be.

Affidavits can be written in foreign languages, but be sure to include a certified translation with the original statement.

How to Write an Affidavit for Immigration

The letter doesn’t have to be fancy—but it must be clear, specific, and honest. Here’s what a strong affidavit includes:

  1. Introduction

    Your affidavit should start with your full name, address, date of birth, nationality, and telephone number.

  2. Your Relationship to the Couple

    Explain how you know them, how long you’ve known them, and in what capacity (e.g., friend, cousin, coworker).

  3. Personal Observations

    This is the most important part. Include details that show:
    – How the couple interacts with each other
    – How they spend time together (trips, holidays, family events)
    – How they talk about future plans or handle challenges
    – Use anecdotes and sensory language where appropriate. For example: “I remember helping them move into their new apartment in Mount Pleasant. They argued over where to hang wedding photos, but in the end, they picked the hallway and laughed about it. It felt like watching any real married couple.”

  4. Statement of Truth and Signature

    End the affidavit with a statement like:
    “I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.”

  5. Have it Notarized

    Don’t sign the affidavit just yet. Take the printed affidavit to a Notary Public. The Notary will review your ID and watch you sign the document. The Notary will then certify that the statement was made by you.

✅ Dos and ❌ Don’ts

✅ DO:

  • Be honest and write in your own voice
  • Include real, specific examples
  • Keep it 1–2 pages max
  • Use the present tense when describing the relationship

❌ DON’T:

  • Submit generic or copy-paste language
  • Make exaggerated or false claims
  • Leave out your contact info
  • Forget to sign and date the letter

Affidavit Format & Notarization

There’s no official USCIS form for this type of affidavit. However, your letter should be:

  • Typed, if possible (handwritten is acceptable but less common)
  • Signed and dated
  • Notarized—this adds credibility and formality

Most U.S. banks, shipping stores, or public libraries offer notarization. If your affiant is abroad, they may use a U.S. embassy or consulate for notarial services.

Here are some helpful templates that you can download and either fill in Adobe and print, or print and complete by hand:

Fillable-Blank-Affidavit-Template↓

Print-and-Write-Affidavit-Template↓

What is a Notary Public and Where Do I Find One?

In the United States, a Notary Public is a public state official commissioned to serve as an impartial witness in performing fraud-deterrent acts related to signing important documents. A notary is permitted to administer an oath. Documents that are notarized carry significant evidentiary weight and are accepted by USCIS in immigration matters.

You can find Notaries in every state of the United States. Most often, you can find a Notary at a bank or law office. A Google search for “notary near me” should provide good results.

In other parts of the world, an official who can perform these duties may have a different name, or in some cases, may not exist at all. If you are unable to notarize a document, you may still provide the statement, but it may carry less importance to an immigration officer.

FAQs About Immigration Affidavits

Do I have to be a U.S. citizen to write an affidavit?

No. Anyone who knows the couple personally can write one—regardless of immigration status.

Does the affidavit have to be in English?

No. An affidavit can be written in any language, but you will have to get a certified translation to English to submit with the original letter.

Do I need to use a lawyer?

Not for writing the affidavit itself—but an immigration attorney can review it for consistency with your case.

Will USCIS contact me if I write an affidavit?

It’s rare, but possible. Always include correct contact information.

Need Help With Your Immigration Case?

If you’re unsure how to prepare strong evidence for a marriage-based green card case, we can help. Occam Immigration offers professional guidance, review services, and full application support—so you can file confidently. Schedule a consultation today→.

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Understanding Immigration Enforcement Risks and Options in Charleston, SC

Last Update: July, 2025

Immigration policies and enforcement priorities are constantly shifting. For individuals in Charleston who may have overstayed their lawful status, it is crucial to understand both the risks of remaining out of status and the potential legal remedies available. This article outlines key concerns, options, and resources to help you make informed decisions about your immigration case.

The Risks of Overstaying Your Visa

Overstaying a visa can trigger serious legal and personal consequences. If you have overstayed, you are accruing what U.S. immigration law refers to as “unlawful presence.” Here are the primary risks you need to know:

  1. Unlawful Presence and Re-Entry Bans
  • 180 Days to 1 Year of Overstay: You may face a 3-year bar from re-entering the United States once you depart.
  • Over 1 Year of Overstay: You may face a 10-year bar from re-entering the country.
  1. Increased Deportation Risk
  • Individuals who overstay may become priorities for removal if discovered during routine checks (e.g., traffic stops or airport screenings) or when applying for other immigration benefits.
  1. Loss of Key Benefits
  • While in overstay status, you typically lose eligibility for employment authorization, the ability to renew a driver’s license, and other important benefits tied to lawful status.
  1. Future Immigration Challenges
  • Overstaying can create significant obstacles when applying for future visas or when trying to adjust status in the United States.

Current Status of Immigration Enforcement

Prior to January, 2025, Immigration and Customs Enforcement (ICE) was guided to focus enforcement efforts on individuals who posed threats to national security, who recently crossed the border, who have serious criminal convictions, and who have final orders of removal.

In January, 2025, President Trump signed an executive order removing the guidelines on ICE and directing them to enforce immigration laws on everyone who is not in lawful status.

Anyone without lawful status is at risk of being apprehended by ICE, detained, and placed in removal proceedings.

Now, there are reports of ICE arresting individuals at their USCIS interviews. See my blog article↗.

If you are in Charleston, SC, and have overstayed your visa, several pathways may still be open to you, especially if you have a strong case for adjusting your status. Examples include:

  1. Marriage-Based Green Card (Adjustment of Status)
  • If you lawfully entered the United States and are married to a U.S. citizen, you may be able to apply for a marriage-based green card through “adjustment of status” without leaving the country—even if you have accrued unlawful presence.
  • As of July 2025, processing times for marriage-based green cards (through Form I-485 Adjustment of Status) at the USCIS Field Office in Charleston can range between 6 and 18 months, though this can change.

Learn more about our Marriage-Based Green Card service↗.

  1. Waiver of Unlawful Presence
  • In some cases, you may qualify for a provisional waiver (Form I-601A) of unlawful presence. This waiver can help you overcome 3-year or 10-year re-entry bars triggered by an overstay.
  • Typically, you must demonstrate that your qualifying U.S. relative (usually a spouse or parent who is a U.S. citizen or lawful permanent resident) would experience extreme hardship if you were denied lawful status or forced to leave the country.
  1. Other Forms of Relief
  • If you have encountered persecution in your home country or have fears of returning, asylum or other humanitarian-based applications could be an option.
  • If you have been the victim of a serious crime that you reported to police and you cooperated to apprehend/prosecute the assailant, you may be eligible for a U Visa.
  • Those with longstanding presence in the U.S. and good moral character may explore relief options like Cancellation of Removal—but this usually requires facing immigration court proceedings first.

Steps to Take if You’re Eligible for Adjustment of Status

If you believe you qualify for a marriage-based or family-based adjustment of status, it is important to begin the process as soon as possible:

  1. Concurrent Filing
  • If you are married to a U.S. citizen, you can often file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time, minimizing waiting periods.
  1. Submitting Required Evidence
  • Expect to submit proof of a bona fide marriage, such as joint financial accounts, lease agreements, utility bills, and photographs demonstrating a legitimate marital relationship.
  1. Attend Interviews and Biometrics Appointments
  1. Stay Prepared for Requests for Evidence (RFEs)
  • Responding promptly and thoroughly to USCIS requests for additional documentation can prevent unnecessary delays in the adjudication process.
  1. Keep an Eye on Filing Fees and Timelines
  • As of July 2025, the filing fees for Form I-130 and Form I-485 total $2,115, but these fees are subject to change. Always check the most recent fee schedule.

Once your application is pending, you are considered to be in a “period of authorized stay.” You will get receipts showing you have a pending case, and can even apply for employment authorization and a social security number.

It is important to understand that a “period of authorized stay” is not the same as lawful status. As a matter of law, ICE can still detain and remove you while in a period of authorized stay. Under previous ICE guidance, ICE generally did not take enforcement action on people in periods of authorized stay. It remains to be seen if there will be a change in direction on that. There have been a few reports of individuals in periods of authorized stay being apprehended.

Attempting to navigate U.S. immigration laws on your own can be daunting—and mistakes can be costly. Under new guidance DHS guidance, USCIS officers adjudicating cases are now directed to issue a Notice to Appear in immigration court to anyone whose application they deny and who is out of status. Also, ICE is arresting people at their USCIS interviews↗(blog). The risks are higher than ever.

Here’s how an immigration lawyer in Charleston can help:

  • Case Assessment: A skilled attorney will evaluate whether you meet eligibility requirements for specific immigration benefits or waivers.
  • Application Preparation: Errors on forms can lead to rejections or delayed cases. A Charleston immigration lawyer ensures paperwork is complete and accurate.
  • Legal Advocacy: If your case faces complications—like an RFE, a Notice of Intent to Deny, or deportation proceedings—an attorney can represent you before USCIS or in immigration court.
  • Up-to-Date Knowledge: Immigration laws and policies change frequently. An attorney stays current on local enforcement trends, USCIS processing times, and the latest legal strategies.

Ready to take the next step? Schedule a Consultation with Occam Immigration↗ to discuss your specific case and how we can help.

The Risks of Doing Nothing

If you have a path to lawful status but delay taking action, you may face escalating consequences:

  1. Longer Unlawful Presence
  • The longer you remain out of status, the greater the potential re-entry bars you could face if you leave or are removed from the United States.
  1. Increased Enforcement
  • Even if not immediately targeted, policy shifts can broaden enforcement efforts, raising the risk of deportation for overstays.
  1. Lost Opportunities
  • Certain immigration programs or policy carve-outs can disappear over time, and processing times could lengthen. Acting now can safeguard your future options.

Local Community Resources in Charleston

Alongside professional legal support, there are other resources for the Charleston immigrant community, including:

  • Charleston Legal Access
    (Nonprofit offering low-cost legal services)
  • South Carolina Legal Services
    (Legal aid organization for low-income residents)
  • Catholic Charities of Charleston
    (Assists with certain immigration-related issues)

Visit our Charleston Immigration Resources Page↗ for more information on community resources.

While these organizations can provide valuable guidance, keep in mind that complex immigration cases often require individualized legal representation to ensure the best possible outcome.

How Occam Immigration Can Help

At Occam Immigration, our mission is to offer straightforward, results-oriented legal services to individuals and families seeking immigration solutions. Whether you’re facing an overstay issue, looking to file a marriage-based adjustment of status, or need a waiver of unlawful presence, our Charleston immigration attorneys are here to simplify the process.

Here’s what sets us apart:

  • Fast-Track-to-Filing: We use an efficient, streamlined approach to gather and prepare all required documentation quickly.
  • Transparent Fees and Timelines: No hidden costs. We keep you informed of projected timelines based on the most up-to-date USCIS information.
  • Proven Track Record: Our team has spent a decade exclusively helping clients successfully navigate marriage-based green card applications, waivers, and more.
  • Local Presence: We understand Charleston’s unique demographics and local challenges, offering personalized service that larger, out-of-state firms often cannot match.

Our founder and Managing Attorney, David Vyborny↗, went through the marriage-based green card, removal of conditions, and naturalization process through the Charleston Field Office.

Take Action Today

If you have overstayed your visa in Charleston, SC, it’s essential to protect your future by exploring every available legal option.

  1. Schedule a Consultation
  1. Discuss Your Eligibility
  • We’ll evaluate whether you qualify for a marriage-based green card, a waiver of unlawful presence, or other forms of relief.
  1. Begin the Process
  • If you decide to work with us, we’ll guide you step-by-step—ensuring your forms are filed accurately and on time.

Conclusion

Overstaying your visa in Charleston, SC, comes with significant risks, including re-entry bars, deportation, and future immigration hurdles. The good news is that viable options—such as adjustment of status for spouses of U.S. citizens or waivers of unlawful presence—may be within reach.

Time is of the essence. Start addressing your immigration concerns now to avoid longer-term penalties and ensure the best possible outcome for you and your family. For personalized legal advice and hands-on assistance, reach out to Occam Immigration→ today.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every immigration case is unique. For a thorough evaluation of your situation, consult a qualified immigration attorney.

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New USCIS Policy: What It Means for Your Immigration Case  

New USCIS Policy: What It Means for Your Immigration Case  

If you’re in the United States and waiting for USCIS (United States Citizenship and Immigration Services) to make a decision on your immigration application, there’s an important update you should understand. Recently, USCIS made significant changes to how they handle Notices to Appear (NTAs), which is the document that officially starts the deportation (removal) process. Understanding this update can help you better prepare and protect yourself during your immigration journey.

What is a Notice to Appear (NTA)?  

An NTA is a formal notice from USCIS instructing you to appear in immigration court. The document explains the reasons why the government believes you should be deported from the United States. Receiving an NTA means you’re facing possible removal from the U.S. unless you can successfully defend yourself before an immigration judge.

What Changed as of February 28, 2025?  

USCIS updated its guidelines to issue NTAs more frequently than before. Now, when USCIS denies certain immigration applications, they are more likely to immediately issue an NTA. This change affects anyone who no longer has a lawful immigration status once their application is denied.

Previously, USCIS might have delayed or avoided issuing NTAs in some cases. Now, they’re directed to take quicker action to enforce immigration laws. This shift means more individuals might find themselves facing deportation proceedings soon after their applications are denied.

Specific Situations When USCIS Issues an NTA  

Under the new rules, USCIS is particularly likely to issue an NTA if:

  • Your conditional residency (conditional green card based on marriage) is terminated if your I-751 is denied or you fail to file your I-751 in time.
  • Your application for permanent residency (green card), asylum, extension/change of status, or other immigration status is denied, leaving you without lawful status.
  • USCIS finds evidence that you provided false information or lied on your immigration application.
  • You have criminal convictions or charges that make you deportable.
  • You’re deemed a risk to public safety or national security.

What Does This Mean for Your Pending Application?  

If your immigration application—such as a marriage-based green card—is currently pending, this policy change means you must be even more cautious and prepared. A denial of your application now carries greater risks, potentially leading directly to removal proceedings.

To summarize clearly:

  • Approval of your application means you continue moving toward obtaining lawful immigration status.
  • Denial of your application increases the likelihood of USCIS starting deportation proceedings against you.

The Importance of Accurate and Complete Applications  

This new USCIS policy highlights the importance of providing complete, truthful, and timely documentation with your immigration application. Small mistakes or misunderstandings can lead to serious problems, including denial and deportation proceedings.

Here’s why careful preparation matters:

  • Avoid common mistakes: Simple errors, incomplete paperwork, or misunderstandings about required documents can cause delays or lead to denial.
  • Quick responses: If USCIS requests additional evidence or information, it’s critical to respond quickly and accurately.

Navigating immigration processes can be complicated, especially under these new guidelines. Working closely with an experienced immigration lawyer can significantly reduce the risk of mistakes and improve your chances of approval.

An immigration attorney can help by:

  • Reviewing your application carefully before submission.
  • Preparing strong responses if USCIS asks for additional evidence.
  • Providing guidance and support through each step of the process.
  • Explaining your rights and responsibilities clearly.

What Happens If Your Immigration Application Is Denied?  

If USCIS denies your immigration application and you no longer have valid legal status in the U.S., you will likely receive an NTA. Once you receive this notice, you are required to appear in immigration court. At your hearing, an immigration judge will decide whether you may remain in the United States or must leave.

Going through immigration court can be stressful and challenging. It’s important to understand the process clearly and prepare your case well. The judge will consider evidence from both you and the government. You have the right to present your case and explain why you believe you should stay.

How to Protect Yourself and Your Family  

Given these changes, it’s crucial to take proactive steps to protect yourself and your family:

  • Consult an immigration lawyer: Professional legal assistance is your strongest asset. An attorney can evaluate your situation, provide advice tailored specifically to your case, and advocate for you if your application is denied.
  • Prepare thoroughly: Ensure your application is complete and truthful. Double-check every document and detail before submission.
  • Act immediately if you receive an NTA: Quick legal action can significantly affect your chances of successfully staying in the U.S.

Understanding the Role of Immigration Courts  

If you end up in immigration court, here’s what you can expect:

  • Initial Hearing (Master Calendar Hearing): The judge explains your rights and the charges against you. You’ll tell the court how you plan to respond and what kind of relief you’re seeking.
  • Individual Hearing: This hearing is like a trial. You present evidence, testify, and argue why you should be allowed to stay. The government will also present its evidence.
  • Judge’s Decision: After hearing both sides, the judge decides whether you can remain in the U.S. or must leave.

You may hire your own immigration attorney to represent you in immigration court, but you are not entitled to have one provided to you by the government like in criminal trials. Understanding this process helps reduce fear and confusion, making it easier to plan and defend your case effectively.

A skilled immigration lawyer can significantly improve your chances of a successful outcome by:

  • Explaining complex legal terms and processes in simple language.
  • Preparing a strong defense and presenting your case effectively.
  • Helping you gather crucial evidence and testimonies.
  • Negotiating with the government’s attorneys.
  • Offering emotional support and guidance throughout the process.

Final Thoughts  

This new USCIS policy means that the stakes for immigration applications are higher than ever. Mistakes are now more costly, and denials can lead directly to deportation proceedings. Being informed and prepared is the best way to protect yourself.

If you have any concerns, questions, or need assistance with your immigration case, contacting an immigration lawyer immediately is your best option. Professional help can mean the difference between staying safely in the U.S. and facing deportation.

If you need guidance or have questions about your specific immigration situation, please reach out to our office→. We’re here to help you every step of the way.

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DHS Announces Trump Era Public Charge Rule Ending

On March 9, 2021, DHS Secretary Mayorkas announced that USCIS will no longer enforce the 2019 public charge rule instituted by the Trump Administration.

The 2019 Rule was widely criticized for putting significant weight on an applicant’s prior use of Medicaid, public housing, and SNAP benefits when determining whether the applicant is likely to become a public charge (require government assistance) in the future. The policy served to give more power to officers to disqualify immigrant applicants, effectively making it more difficult to immigrate to the United States.

The 2019 Rule also increased the time it took USCIS officers to make decisions on applications, adding to the already growing backlog of pending cases.

The 2019 Rule saw many challenges in the federal court system since its implementation, and was up for Supreme Court review when Secretary Mayorkas made the announcement.

The announcement states “[a]s part of its review, DHS has determined that continuing to defend the [2019 Public Charge] rule is neither in the public interest nor an efficient use of limited government resources. Consistent with that decision, the Department of Justice will no longer pursue appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 Rule.”

DHS will revert to the 1999 guidance on public charge, which already serves to test whether an applicant for permanent residence is likely to become a public charge in the future.

The 2019 Rule resulted in a new 18-page form – the I-944 Declaration of Self Sufficiency – that had to be submitted by applicants for permanent residence as part of their application process.

As the 2019 Rule is terminated and the 1999 guidance reinstated, we expect to see changes in usage of the I-944 Form – perhaps the form will be removed as a requirement or amended.

For our current clients with pending I-485 forms that have recently received a Request for Evidence directing the submission of Form I-944, please continue to work with us to prepare these forms until we have confirmation of any changes.

We expect to know more about the I-944 in the coming weeks.

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Joint Sponsor for Affidavit of Support

Joint Sponsor for affidavit of support

Did a friend or family member ask you to be a “Joint Sponsor” on their immigration case? If so this article will explain what it means to be a joint sponsor, and what you will have to provide.

Ready to be a joint sponsor?

What is the purpose of a financial sponsor in an immigration application?

U.S. citizens and lawful permanent residents can ask (petition) the government to allow their family members to become residents. In most cases, the government allows this, but only if all parties are eligible.

The government does not want to give green cards to people who might need government assistance. Since foreigners have not paid into the unemployment, social security, and healthcare systems it would not be fair for American taxpayers to support these people.

That’s why immigrants require a financial sponsor.

This sponsor assures the government that the immigrant will have financial support from other people if they ever need it. The sponsor also signs a contract with the government that says the government can require the sponsor to repay any money used to support the immigration. The document that assures this support is called the “Affidavit of Support.”

The person who is asking (petitioner) the government to allow their family member(s) to get green cards always has to submit an Affidavit of Support.

Ready to be a joint sponsor?

What does the petitioner have to do to show they can financially support the immigrant?

The petitioner has to show that they make enough money to provide for the family member they are sponsoring. Usually, the petitioner must show he or she makes 125% of the federal poverty minimum for a household of their size.

For example, if the petitioner is sponsoring a spouse and the only people the petitioner is responsible for is he/she and the spouse, the household size is 2. 125% of the federal poverty minimum for a household of 2 is $21,550. That means the petitioner’s income has to be more than $21,550.

The petitioner has to provide the last 3 years of tax history and evidence of current income. If the tax history and income show the petitioner makes more than $21,550, they have met the requirement.

If for any reason, the petitioner does not make the minimum amount, and if they do not have financial assets that are sufficient, then a “Joint Sponsor” can be used.

Ready to be a joint sponsor?

What is a Joint Sponsor on the Affidavit of Support?

A joint sponsor is someone who “signs on” to the immigration application as a financial sponsor of the immigrant together with the petitioner. The joint sponsor must meet the same requirements as the petitioner.

As a joint sponsor, you will have to show that you have enough income to support your own household plus the immigrant. You also sign a contract with the government that makes you “jointly and severally” liable to the government.

That means that both you and the petitioner a liable together, but that you are also each liable individually to repay the government any money it spends to financially support the immigrant. In other words, if the petitioner cannot repay the government, it will be up to you to pay the whole bill.

Although you would sponsor the immigrant jointly, you have a separate application just for your part.

Ready to be a joint sponsor?

As a Joint Sponsor, for how long am I liable to the government?

As a joint sponsor, your liability to the government goes away in five different situations. Specifically, if the immigrant…

  • becomes a U.S. Citizen
  • receives 40 qualifying credits of employment (10 years of continuous employment)
  • gives up their green card
  • is in removal/deportation
  • passes away

It is important to note that divorce between the petitioner and immigrant does NOT eliminate your liability.

Ready to be a joint sponsor?

I’m worried. Is it safe for me to become a Joint Sponsor?

Many people worry that they are signing on for too much liability. After all, no one wants to be liable to the government if someone else can’t support themselves financially.

At the end of the day your decision will depend on how high is risk that you would actually have to pay the government any money. It is rare that an immigrant needs this financial support. It is also rare that the petitioner would leave you with the whole bill.

Here are some questions to ask yourself, that may help you decide whether or not it is safe for you to “stick your neck out” for this person:

  • How well do I know the petitioner? The petitioner is the first person responsible to the immigrant. Will the petitioner ever allow the immigrant to be without financial support? Did the petitioner just have a bad year financially? Is the petitioner a hard worker?
  • How well do I know the immigrant? Do you think the immigrant will avoid supporting themselves? Would they would rather be supported by the government than work? Would they be hard workers? Do they have disabilities? Do they have a career or job skills?

Here are some questions you can ask the petitioner and/or the immigrant:

  • To the petitioner:
    • Do you have a good job?
    • Are you able to work?
    • Why did you pick me?
    • What will you do to make sure the immigrant never needs government benefits?
  • To the immigrant:
    • What do you want to do for work when you get your green card?
    • Have you applied for any jobs? Do you plan to apply for jobs? What kind of jobs?
    • Do you plan on becoming a U.S. citizen? When?
    • Why did you pick me?
    • What will you do to make sure you never need government benefits?
Ready to be a joint sponsor?

What will I need to do if I agree to be a Joint Sponsor?

We, as the attorneys on the case, will ask you to do the following:

  • Complete a questionnaire with some details about you, including your address and social security number
  • Provide us with proof of your U.S. citizenship (birth certificate or U.S. passport) or lawful permanent residence (green card)
  • Get your Tax Return Transcripts from the IRS website for the last 3 years (click here for information on how to get the right transcript)
  • Provide us with proof of your current income, either through 6 months of pay stubs or an employment letter detailing your wage and hours that you work
    • If you don’t have a regular income you can use assets like recently-appraised homes, 401k’s, bank statements, investment account statements, etc.
Ready to be a joint sponsor?

This is very sensitive information, is it safe to give this to you?

Because of the unique nature of this type of application, we are able to represent you as your attorneys on this application.

This means that we owe you the duty of confidentiality. We are not allowed to share any of your private information with anyone unless you give us permission. Of course, you will be giving us permission to share the information with the government. However, we cannot release your details to anyone else.

It is also our practice not to share your affidavit of support and all supporting documents with the petitioner – unless you give us permission. When the whole application is submitted to the government, we share a copy of it with our clients, the petitioner and immigrant. However, before we share the file we redact (black out) all of your sensitive information, including social security number, account balances, tax returns, etc.

Ready to be a joint sponsor?

What if I have ever have questions?

Our immigration team is available to support you whenever you need it. Your questions will never result in fees being charged to the petitioner. We are here to make sure you understand everything about this process and help you along the way.

OK. I’m ready to sign on as a Joint Sponsor. What’s next?

Now that you are ready to become a joint sponsor, the next step is to complete our questionnaire.

The questionnaire will collect the data we need from you and will give you a place to upload your documents. It’s ok if you can’t finish it all at one time. You can save your place and return to the questionnaire by clicking a link in an email that will be sent to you every time you save your progress.