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.
Remember
that there are always many concerns to analyze
before formulating a legal strategy.
INTERNATIONAL IMMIGRANTS FOUNDATION
33 years, Guiding, Legalizing, and Educating
Immigrants since 1973
O.N.G. UNITED
NATIONS E.C.O.S.O.C.
IMMIGRANTS
BUILDING:
7 W. 44th St.,
New York,
N.Y.
10036
(212) 302-2222 – email:
www.InmigrantsFoundacion.com
*Edward Juarez Studied
sociology, International laws, and specialized
in immigration. In 1973, established the
International Immigrants Foundation, a
non-profit institution created to educate, help,
and defend immigrants. In 1984, he established
the American Multicultural Coalition and the
International Cultures Celebration, conferences
in the United Nations, and the Parade and
Festival to promote intercultural relations.
With the goal of emphasizing the contributions
of immigrants,
Juarez established the “Immigrants
Building”
in 2003, located at
7 West 44th Street
in
Manhattan,
NYC, where the Foundation continues developing
programs that improve the quality of life for
immigrants. Currently, he is am active writer,
speaker, immigration columnist in El Diario la
Prensa, and host of The Immigrants Voice radio
and television programs.
