AFFIDAVITS OF SUPPORT & SPONSOR DEEMING
FACT SHEET
This fact sheet only applies to immigrants who need sponsors to stay in the United States.
WHAT IS AN AFFIDAVIT OF SUPPORT?
An affidavit of support (AOS) is a piece of paper signed by a person called a sponsor. A sponsor helps an immigrant
get a green card by signing the affidavit. In the affidavit, the sponsor promises that the immigrant who is applying for
the green card will not become a public charge. A public charge is someone who cannot provide for himself and is
on public benefits that give him cash, like TANF.
ARE AFFIDAVITS OF SUPPORT ENFORCEABLE?
It depends on what kind of affidavit the sponsor signed. INS Form I-134 is not enforceable, but can be used to help an
immigrant get a green card. The I-134 Form was used before December 19, 1997. The only type of enforceable AOS is
the INS Form I-864. The I-864 Form started being used on December 19, 1997.
DO I HAVE TO HAVE A SPONSOR?
Only some immigrants have to get a sponsor. The following two groups of immigrants must have sponsors:
1. Immigrants who apply for a green card through a family member after December 19, 1997;
2. Immigrants who apply for a green card through an employer after December 19, 1997, if the employer is a
family member, or a family member is a part-owner of the business.
Some immigrants do not have to get sponsors, like refugees and asylees who are applying for a green card and
immigrants with 40 quarters of work (about 10 years of working).
HOW LONG DO I HAVE TO HAVE A SPONSOR?
You have to have a sponsor until you become a U.S. citizen, earn credit for 40 quarters of work (about 10 years of
working), or leave the U.S. forever.
WHO CAN BE A SPONSOR?
To be a sponsor, a person must be all of these:
• A U.S. citizen or national, or a Lawful Permanent Resident;
• At least 18 years old;
• Living in the U.S. and planning to live in the U.S. in the future; and
• Earning at least 125% of the federal poverty level for the sponsor’s household. The sponso