(f) SPONSOR DEFINED.—

(1) IN GENERAL.—For purposes of this section the term "sponsor" in relation to a sponsored alien means an individual who executes an affidavit of support with respect to the sponsored alien and who—

(A) is a citizen or national of the United States or an alien who is lawfully admitted to the United States for permanent residence;

(B) is at least 18 years of age;

(C) is domiciled in any of the several States of the United States, the District of Columbia, or any territory or possession of the United States;

(D) is petitioning for the admission of the alien under section 204; and

(E) demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line.

(2) INCOME REQUIREMENT CASE.—Such term also includes an individual who does not meet the requirement of paragraph (1)(E) but accepts joint and several liability together with an individual under paragraph (5)(A). ...

(5) NON-PETITIONING CASES.—Such term also includes an individual who does not meet the requirement of paragraph (1)(D) but who—

(A) accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 per-cent of the Federal poverty line ...

1. Juan gained lawful permanent resident status in the United States and then naturalized 12 years ago. Soon after becoming a citizen, he filed an immigrant visa petition for his brother Antonio, a Mexican citizen. His brother's priority date has just become current, and Juan has been informed that he must complete an affidavit of support. Juan earns $33,000 a year, and his wife, who works part-time and was recently laid off, earned $6,000 last year. They have three children, the oldest of whom is in high school. Although their means are modest, they live comfortably in a small community in south Texas where the cost of living is among the lowest in the United States. They have $1,000 in savings and own their own house. Their equity interest in the home is $30,000.

Antonio has been a successful small farmer in Mexico and has $5,000 in savings. Juan works for a landscaping service, and his boss is interested in hiring Antonio after he arrives. Antonio would initially be paid $10.00 an hour ($20,000 annually), but the boss says he can advance quickly to $12.00 per hour ($24,000 annually) if he proves to be a hard worker. Antonio is married and has one son, four years old. He speaks little English. 

What advice can you give Juan about how he might help Antonio and Antonio's family immigrate to the United States?

2. James has petitioned for the admission of his spouse Marisa, a Colombian national. James, who has no children or other household members, shows income of about $30,000 from his job as an assistant store manager for a retail chain in Harrisburg. He rents an apartment, has about $3000 in the bank, and has paid off a loan on a 2012 Honda Civic. Marisa is 52 and divorced, with two grown children who are not interested in immigrating to the United States. Marisa has been a homemaker and has no occupational skills; she has a high school degree but has not worked for years. She has the equivalent of around $10,000 in savings and no other assets. She speaks limited English. She has a relatively serious form of cancer that is manageable through therapeutics (which are free under Colombia's national healthcare system). The two met through a church organization and were married last year in Colombia and they are hopeful that Marisa might get a job with the church in the United States. Assess the prospects Marisa’s prospects for securing an immigrant admission to the United States.

I-864

I-864P