Immigration Lawyers in DuPage County
Sponsors, Affidavit of Support, and Medical Examinations for Immigrant Visas
In most cases, foreign nationals who intend to immigrate to the U.S. must submit an affidavit of support from a qualified sponsor and undergo a medical examination. Affidavits of support are required to show that the sponsor has the financial capability to ensure the immigrant will not become a public burden. Medical examinations are required to screen for certain medical conditions and ensure the immigrant meets the health requirements for admission to the United States. Sponsorship and medical exam requirements are extensive, and it is best to work with an experienced immigration attorney who can assist you with preparation.
At Mevorah & Giglio Law Offices, we have extensive experience assisting clients in Illinois with all matters related to immigration, including fiancé visas, family-based visas, employment-based visas, temporary visas, naturalization, deportation/removal and asylum. Our award-winning lawyers frequently represent clients before the U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration Customs Enforcement (ICE), and we have in-depth knowledge of the inner workings of these agencies. Sponsorship affidavits of support and medical examinations are integral parts of the immigrant visa, and we provide skilled guidance in these critical areas.
Financial Affidavits of Support
The Affidavit of Support is a legal binding contract between the sponsor, the applicant, and federal, state, and local governing agencies. The sponsor agrees to support the applicant financially and, should the applicant apply for means-tested public benefits, governing agencies may request reimbursement from the sponsor. There are two different forms that are used for the Affidavit of Support: the I-134 and the I-864. The Form I-134 is used for K1 (fiancé) visas and K3 (spouse of a U.S. Citizen) visas. The Form I-864 is used for siblings, parents, children and all other family-based visas.
To sponsor an intending immigrant, you must show evidence of sufficient income. Sponsors filing the Form I-134 must typically show that their income is at least 100 % of the federal poverty level. Sponsors filing the Form I-864 must typically show that their income is at least 125 % of the poverty level. To prove sufficient income, sponsors must typically include the following with their completed forms:
- Evidence of current employment or self-employment;
- W2s and/or 1099s from your most recent tax year;
- An IRS-issued transcript (or photocopy of an IRS-issued transcript) of the Federal income tax return from your most recent tax year; and
- Photocopies of your second and third most recent tax years may also be submitted to support your financial sufficiency claim.
There are certain instances when an affidavit of financial support is not required:
- When the applicant has worked (or can be credited with working) the 40 quarters necessary to meet the eligibility requirements for Social Security; and
- When the applicant is a child of a U.S. Citizen who would automatically qualify for citizenship under section 320 of the Immigration and Nationality Act (INA).
Whether applying for adjustment of status from within the U.S. or through a U.S. consulate abroad, intending immigrants are required to undergo a medical examination. The exam must be conducted by an authorized physician or civil surgeon either overseas or state-side. During the exam, the doctor reviews your medical and vaccination history and performs a blood test, physical examination, and chest X-ray. The chest X-ray and blood test are not usually required for children under age 15.
The immigrant visa medical examination is not a comprehensive physical exam and is used only to screen for certain conditions. The physician examines several areas of your body to identify any condition that could make you inadmissible to the United States and gives you any required vaccinations you may be missing. Medical conditions that may constitute inadmissibility include:
- Communicable diseases of public health significance;
- Mental or physical disorders or a history of behaviors that may pose a threat to the property and safety of others; and
- A history or drug addiction or abuse.