Article Courtesy By, Edward Juarez
President of the International Immigrants Foundation
www.ImmigrantsFoundation.com

Beginning July 21, 2006, a new regulation that clarifies the use of the Guarantees of Support came into effect entitled “The Affidavit of Support”. This new regulation highlights the importance of this document when applying to be a guarantor or declaring permanent residency. It also clarifies those who are exempt from having to sign the guarantee to prove to the government that the new immigrant will not be a public charge. All of the citizens or residents who apply for their friends or family members should sign a guarantee. Right now there are many applicants who do not have sufficient economic means to prove that they receive annual income, continuously more than 125% above the poverty level, or that they have personal properties that can serve as a guarantee for an immigrant. These applicants can now, among many options, claim the annual income and/or the properties of their friends and family who share the same residence. Sometimes there are situations where one spouse does not want to be a part of the guarantee; in these cases, the applicant can grant it independently and with the assistance of another friend or family member of the undocumented person during the process of his or her legalization. Additionally, if the undocumented immigrant lives in the same residence as the guarantor, and has secured a permanent salary after having obtained permission to work, he will be able to use this income to support the guarantee of the applicant. This benefit doesn’t count for people who enter the country, without having begun to work.

Immigrants who are exempt fro the Guarantee of Support are: 1- Undocumented workers who have paid taxes during the last 40 trimesters. 2- Children of citizens who enter the country before their 18th birthday, who qualify to obtain their citizenship immediately. 3- Immigrants who enter as beneficiaries of the Visa Lottery. 4- Immigrants considered special due to their exceptional skills. 5- Immigrants who obtain their residency by way of a job offer. 6- Immigrants who apply for themselves as battered or abused spouses or children as well as the widows of citizens. 7- Refugees and asylum-seekers; and 8- Immigrants who will obtain their residency by their continual residency since 1972; and a few others.

In the cases where the legal resident or citizen who applies perishes after the petition for residency has been approved, the new immigrant can continue his or her residency, obtaining the principle guarantee from any other member of the family.

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