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.
Radical changes to public charge inadmissibility assessment that were due to go into effect are now on hold. In the case of the Department of Homeland Security (DHS) regulations, multiple injunctions have prevented the final rule from going into effect. One of the court decisions, which enjoined the rules on a nationwide basis, has been appealed to the Second Circuit Court of Appeals. That appellate court recently denied the government’s motion for a stay of the injunction, but it is scheduling to hear the appeal on an expedited basis.