Visa Services

Glossary of Terms

Affidavit of Support (AoS; I-864) - This form is absolutely essential to a complete application, and is filled out by the petitioner and, in some cases, joint sponsors. It is used to show that an intending immigrant has enough pre-existing financial support in the United States, so that he or she will not become a public charge. The sponsor(s) must agree to full responsibility for support of the intending immigrant. One AoS must be completed for each member of an applicant's family. It is used only in family-based and some employment-based cases.

Assets - If the petitioner's income alone is not sufficient support (according to the most recent poverty guidelines) for the intending immigrant, evidence of petitioner's and applicant's assets should be presented. Assets can include stocks, bonds, real estate, personal property, etc. The total must have a cash value equal to at least 5 times the difference between the sponsor's total household income and the minimum income requirement.

Dependent children - Children are considered dependent if they are both under the age of 21 and unmarried by the date of immigration. Any child 21 or over, or married, cannot immigrate to join on his/her parent's visa, and must apply for a visa on his or her own.

Diversity Visa - Visas based on a lottery system rather than a previously filed petition. Applicants enter themselves only once annually. To apply, one must have been born in a qualifying country or region, as well as have appropriate education or work experience. These applicants complete the I-134 in lieu of the I-864.

Domicile - A petitioner must have a principle residence in the U.S. with the intent to maintain that residence as his or her domicile for the foreseeable future. Legal permanent resident sponsors must also demonstrate that they have maintained their legal permanent resident status. Temporary residence outside the U.S. may or may not affect the domicile requirement, depending on the circumstances of the case and whether or not credible evidence exists that the petitioner still retains his/her principal residence in the U.S.

Evidence of Relationship - In keeping with our goal of immigration based on reuniting family and loved ones, an officer must be fully convinced that a petition is based on a legitimate relationship. Evidence must be shown, through birth certificates, marriage certificates, photos, letters, etc., that a relationship of sufficient duration has been established. An applicant must properly establish his or her own identity as well.

Household Size - The number of people in a sponsor's household is used in calculating the minimum sufficient income based on the poverty guidelines, to ensure that a family will have enough income to support their existing household as well as an intending immigrant. Household size includes: the sponsor; all relatives by blood, marriage or adoption residing in the sponsor's household; all dependents listed on the most recent tax return, whether or not they reside in the sponsor's household; any individuals for whom the sponsor has previously signed an I-864 and for whom the contractual obligation still exists; the beneficiary (principal applicant/intending immigrant); this beneficiary's accompanying dependents.

I-134 - This is a variation on the I-864 affidavit of support. It has the same purpose, namely, to establish to the consular officer's satisfaction that the applicant is unlikely to become a public charge. Unlike the I-864, however, it is used to support nonimmigrant, diversity (DV), and fiancée (K1) visa applications. It is used in some employment-based visa applications as well.

Joint Sponsor - If the petitioner's income, combined with the petitioner's and applicant's assets, do not meet the 125% income requirement (see poverty guidelines), then a joint sponsor must also support the petition. This individual must complete and submit an I-864. This sponsor must meet the 125% income requirement INDEPENDENTLY of the original petitioner, and becomes legally responsible for the immigrant's support as well.

Notarization - The I-864 MUST be completed and signed before a U.S. notary public or Consular or Immigration officer. A few other documents must be signed in the presence of these officials as well. If a signature is not witnessed and notarized by an appropriate official, the form that requires the notarization is not valid. Notary services are offered by legally qualified persons throughout the U.S., as well as at U.S. Consulates and Embassies overseas.

Numerical Limitations - Total immigration into the U.S. is limited to 675,000 persons each year. This figure is divided into 3 different categories of immigrants:

• Family-sponsored (F visas)-480,000-71%
• Employment-based (E visas)-140,000-21%
• Diversity immigrants (D visas)-55,000-8%

Petitioner - The individual who applies to the INS on behalf of a foreigner for that individual's immigration to the States, based on ties of family, employment, etc. The petitioner must complete an I-864 or I-134.

Police Certificate - These certificates record criminal activity on the part of an applicant. They are required of visa applicants for all countries where an applicant has resided for at least one year after reaching 16 years of age. Processing time for these certificates may take a few months, and procedures among countries differ, so they should be applied for as soon as possible.

Principal applicant (PA) - The person with the primary relationship to the petitioner, who the petitioner files to bring to the U.S.

Proof of Status - This term refers to the legal status of the petitioner in the United States. A petitioner must be a U.S. citizen, or a lawful permanent resident currently living in the U.S., if he or she wants to bring another immigrant to the U.S. Therefore, a petitioner must present a U.S. passport or a valid green card--residency must not have expired (which may occur if a petitioner has been out of the U.S. for over 6 months). Appropriate evidence is necessary.

Statutory declaration - For applicants who cannot obtain a birth certificate and/or a marriage certificate, a declaration must be obtained, in English, as a valid substitute. A statutory declaration represents the same information that would appear on a certificate, as sworn and notarized before an appropriate official.