Since 1997, immigration law has required every petitioner in a family-based petition to complete an affidavit of support on behalf of the intending immigrant. The sponsor must either demonstrate the means to maintain an annual income equal to at least 125 percent of the federal poverty income line or obtain a joint sponsor who can meet that threshold.
USCIS and the BIA have failed to articulate an official or even consistent interpretation of whether the three- or ten-year period for the unlawful presence grounds must be spent outside the United States after it has been triggered by a departure. This article attempts to spell out the arguments and summarize the current decisions.