The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act of 1996) (as amended by the Immigration Reform Act of 1996 and the Balanced Budget Act of 1997) created new sponsor deeming rules that apply to aliens whose sponsors sign new, legally enforceable affidavits of support. The United States Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS), formerly known as the Immigration and Naturalization Service (INS) of the Department of Justice (DOJ), began using the Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act (INA), commonly referred to as the "new version affidavit of support" with applications for immigrant visas or adjustments of status filed on or after 12/19/1997. The DHS Form I-864 is required for most family-based immigrants and some employment-based intending immigrants to show they have adequate means of financial support and are not likely to become a public charge. When the sponsor signs the new version affidavit of support, the sponsor is agreeing to use their resources to support the individual or individuals named in the new version affidavit of support, if it becomes necessary. If the sponsored immigrant later receives Supplemental Security Income (SSI) the sponsor is required to reimburse the agency in the amount of those benefits. If the sponsor does not make repayment, SSA refers the case to DOJ for civil recovery action.
SI 00502.240C Aliens subject to sponsor deeming in new version affidavit of support cases