Covid-19 has left me unemployed – can I get support under the Form I-864?

The Covid-19 pandemic has devastated the U.S. economy, leaving millions without jobs. If are in the United States through family-sponsored immigration – such as a petition from a former spouse – you are very likely the beneficiary of a Form I-864, Affidavit of Support. While this form is in effect, your sponsor is required to ensure that you have income at or above 125% of the Federal Poverty Guidelines, or roughly $1,300/month for a household of one. If you do have a Form I-864, and are newly unemployed, you may be eligible for financial support from your sponsor.

How do I know if someone signed a Form I-864 for me? If you are in the U.S. through family-sponsored immigration, it is very likely that one or more people signed a Form I-864 for you. The main exception for this is if you worked for an extended period in the U.S. before immigrating. But for the vast majority of folks, a Form I-864 is required. Don’t worry if you don’t have a copy of your Form I-864, a copy can be requested for free through the Freedom of Information Act (here’s our free guide on how to do that).

How do I know if I’m eligible for support? If you were sponsored, your sponsor is required to ensure that you have income of at least 125% of the Federal Poverty Guidelines (FPG). Again, that’s about $1,300/month for a household of one. If your income dips below that amount – or if you are unemployed – then you may have a viable claim against your sponsor. The person needs to make up the difference between 125% FPG and your actual earnings. So if your hours have been dramatically cut, and you now earn $1,000/month, your sponsor should provide you with $300/month in additional support.

How do I make my sponsor provide me with support? Unfortunately, the government plays no role in ensuring that your sponsor provides you with support. Instead, it is like other civil legal claims. Specifically, it is treated as a breach of contract claim. You can always start by requesting that your sponsor voluntarily pay the support to you. If not, you may have the right to sue the sponsor in state or federal court. If you do so, you may be entitled to all of your attorney fees and the cost of litigation. For more about enforcement, read our post here.

If you have questions about enforcing the Form I-864 please feel free to contact us. If you have a general question, please feel free to comment here or use the form at the bottom of the page. If you believe that you may be entitled to support, follow this link to get a free and confidential case assessment.