Public Charge Rule and Affidavit of Support in Arizona

1. What is the Public Charge Rule in Arizona?

The Public Charge Rule in Arizona is a state-specific policy that denies certain public assistance benefits, such as food stamps, cash assistance, and healthcare coverage, to individuals based on their immigration status or other factors. The rule requires applicants for public benefits to prove that they have the financial resources to provide for themselves and their dependents without relying on public assistance. This rule was implemented in 2018 and applies to all applications for public benefits in Arizona.

2. How do I determine if I am subject to the Public Charge Rule in Arizona?

To determine if you are subject to the Public Charge Rule in Arizona, you will need to contact the U.S. Citizenship and Immigration Services (USCIS) at 1-800-375-5283. The USCIS will be able to provide you with more information and answer any questions you may have regarding the Public Charge Rule in Arizona. Additionally, you can also visit the USCIS website for further information and resources on the Public Charge Rule in Arizona.

3. What documents are needed to prove that I am not a Public Charge in Arizona?

In Arizona, those seeking to prove they are not a public charge must provide documents such as income verification, credit reports, tax returns, employment authorization documents, and/or proof of health insurance coverage or assets. Additionally, applicants should provide any additional documentation that may help establish that they are not likely to become a public charge.

4. How does the Public Charge Rule affect immigrants who apply for permanent residency in Arizona?

The Public Charge Rule affects immigrants who apply for permanent residency in Arizona by requiring that the U.S. Department of Homeland Security examine the individual’s income and assets, health, education and skills, and other potential public benefits used in the past to determine if they are likely to become dependent on government assistance programs. If the individual is deemed likely to become a public charge, their application for a green card may be denied.

5. Are there any exceptions to the Public Charge Rule in Arizona?

Yes, there are a few exceptions to the public charge rule in Arizona. Individuals who receive public benefits in Arizona are not considered to have been a public charge if they are receiving benefits under any of the following programs: Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), or emergency Medicaid. Additionally, individuals who are refugees, asylees, or victims of certain crimes may be exempt from the public charge rule in Arizona.

6. Are public benefits considered when determining a person’s status as a Public Charge in Arizona?

Yes, public benefits are considered when determining a person’s status as a Public Charge in Arizona. The state uses a “totality of circumstances test” to assess an individual’s “likelihood of becoming primarily dependent on the government for subsistence.” Factors considered include age, health, family status, assets, resources, financial status, education, and skills.

7. Is an Affidavit of Support required for individuals applying for permanent residency in Arizona?

Yes, an Affidavit of Support is required for individuals applying for permanent residency in Arizona. The affidavit is a binding legal document in which the sponsor commits to provide financial support for the applicant if necessary. The sponsor must be a U.S. citizen or lawful permanent resident and meet certain income and asset requirements.

8. What is an Affidavit of Support and how does it relate to the Public Charge Rule in Arizona?

An Affidavit of Support is a document used by the United States Citizenship and Immigration Services (USCIS) to ensure that immigrants will be financially supported by a sponsor when they are trying to gain legal residency or citizenship in the United States. It is a legally binding document that obligates the sponsor to financially support the immigrant for an extended period of time.

Under the Public Charge Rule in Arizona, applicants must submit an Affidavit of Support with their application in order to prove that they can financially support themselves and not become a public charge. The Affidavit of Support must be signed by someone who is willing to act as the applicant’s financial sponsor and is able to demonstrate their ability to provide for the applicant’s financial needs.

9. What evidence and documents must be provided by the sponsor on an Affidavit of Support in Arizona?

In Arizona, a sponsor must provide evidence of their income and assets on an Affidavit of Support. This includes official documents such as pay stubs, bank statements, tax documents, and/or property records. In addition, the sponsor must provide a letter from their employer verifying their employment and salary.

10. How does an Affidavit of Support protect an individual from being considered a Public Charge in Arizona?

An Affidavit of Support is a legally enforceable contract between the sponsor and the US government, and it obligates the sponsor to financially support the immigrant for as long as necessary to prevent them from becoming a public charge. The sponsor must agree to provide financial support to the immigrant for 10 years or until the immigrant becomes a US citizen, whichever comes first. In Arizona, this means that if the immigrant becomes a public charge during that time, the sponsor must demonstrate that he/she provided sufficient financial support to prevent it.

11. What is the minimum income requirement for sponsors on an Affidavit of Support in Arizona?

In Arizona, the minimum income requirement for sponsors on an Affidavit of Support is 125% of the Federal Poverty Guidelines for their household size. For 2021, this figure is $18,912 for a household size of one and increases to $106,800 for a household size of 12.

12. Which family members are eligible to be sponsors on an Affidavit of Support in Arizona?

In Arizona, eligible sponsors for an Affidavit of Support are the following legally related family members: spouse, parent, mother-in-law, father-in-law, sibling, child (over 18 years old), and grandparent.

13. How does an individual’s age, health, family size, and assets affect their eligibility for an Affidavit of Support in Arizona?

An individual’s age, health, family size, and assets can all be factors that determine an individual’s eligibility for an Affidavit of Support in Arizona. Age is a factor because it is used to determine the amount of income required to support the individual and their dependents. Health is a factor because any medical conditions or treatments that may be required must be taken into account when calculating the amount of income needed to provide for the individual and their family. Family size is also important since the number of family members will affect how much income is needed to provide for them. Finally, assets can be used as a source of support and must be taken into account when determining eligibility.

14. What is the time period for which a sponsor’s financial responsibility on an Affidavit of Support is valid in Arizona?

The sponsor’s financial responsibility on an Affidavit of Support is valid until the immigrant becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years).

15. Can an individual be denied permanent residency due to an inadequate Affidavit of Support in Arizona?

Yes, an individual can be denied permanent residency in Arizona due to an inadequate Affidavit of Support. If the affidavit is incomplete or inadequate, USCIS may deny the application.

16. What is the penalty for providing false information on an Affidavit of Support in Arizona?

The penalty for providing false information on an Affidavit of Support in Arizona is up to five years in prison and/or fines up to $150,000.

17. Are there any alternatives to the Affidavit of Support for individuals applying for permanent residency in Arizona?

Yes. Alternatives to the Affidavit of Support for individuals applying for permanent residency in Arizona may include an Affidavit of Financial Support from a third party such as a family member or a friend; an employment certification letter from an employer; evidence of financial resources such as bank statements, proof of income, or other financial documents; or a combination of these.

18. How long does it take for USCIS to process an Affidavit of Support in Arizona?

It typically takes 6 months or more for USCIS to process an Affidavit of Support in Arizona. However, processing times can vary based on the individual case.

19. How can I find out if my Affidavit of Support has been approved by USCIS in Arizona?

To check the status of your Affidavit of Support, you can contact the USCIS office in Arizona by calling their Customer Service Hotline at 1-800-375-5283. You can also check your case status online through the USCIS website. On the homepage, click on “Check Status” and then enter your receipt number.

20. What resources are available for individuals seeking assistance with the Public Charge Rule and Affidavit of Support in Arizona?

Resources available for individuals seeking assistance with the Public Charge Rule and Affidavit of Support in Arizona include:
* Arizona Community Action Association: The Arizona Community Action Association provides free legal assistance with public charge and affidavit of support through their Community Legal Services Program.
* Catholic Charities Community Services: Catholic Charities Community Services offers free legal advice and legal representation to individuals who are facing public charge and affidavit of support issues in Arizona.
* Immigration Counselling Services: Immigration Counselling Services provides free legal advice and representation to those facing public charge and affidavit of support issues in Arizona.
* National Immigration Law Center: The National Immigration Law Center also provides free legal assistance to individuals seeking help with public charge and affidavit of support issues in Arizona.
* Local Organizations: There are a variety of local organizations in Arizona that provide free legal assistance with public charge and affidavit of support issues, such as the Florence Immigrant & Refugee Rights Project, the Maricopa County Bar Association, and the Immigration Law Clinic at Arizona State University.