“New Affidavit of Support” (I-864)

Most sponsored noncitizens who entered the United States on or after 12/19/1997 will have the “New Affidavit of Support” (I-864).
The following are the 2 types of CAPI benefits received under the New Affidavit of Support:

  • Regular CAPI
  • Extended CAPI

Regular CAPI

If client is receiving Regular CAPI benefits, deeming from a sponsor who signed the I-864 applies unless or until one of the following occurs:

  • The sponsored noncitizen becomes a naturalized citizen.
  • The sponsored noncitizen has worked 40 qualifying work quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters. 
  • The sponsor or noncitizen dies.

Extended CAPI

If client is receiving Extended CAPI benefits, deeming from a sponsor who signed the I-864 applies for 10 years from execution of the New Affidavit of Support or from the date of the client’s arrival to the United States, whichever is later.

When Sponsor-Deeming Does Not Apply

Sponsor-deeming does NOT apply under either Regular or Extended CAPI if the sponsor signed the I-864 and one of the following occurs:

  • The noncitizen is a victim of abuse by his or her sponsor or the sponsor’s spouse.
  • The noncitizen, the noncitizen’s minor child, or the noncitizen’s parent (if the client is a minor child) is a victim of abuse and the 
  • victim is not living with the abuser.
  • The sponsored noncitizen meets the definition under the “Indigence Exception” rules. Refer to Indigence Exception Rule (for I-864 only).

Ineligible Spouse or Parent

Regardless of the Affidavit of Support, sponsor-deeming rules apply instead of rules regarding deeming from an ineligible spouse or parent when the sponsor is the client’s ineligible spouse or parent.

Sponsor-Deeming Chart

WHEN DOES SPONSOR-DEEMING APPLY FOR CAPI?
TYPES OF CAPI TYPES OF AFFIDAVIT
I-134 I-864

Who is eligible for REGULAR CAPI?

  • Date of Entry Prior to 8/22/96
  • Qualified Noncitizens (aged only).
  • PRUCOL (aged, blind & disabled).

Victim of human trafficking, domestic violence, & crime (aged, blind and disabled).

Date of Entry On or After 8/22/96

Sponsored non-citizens AND sponsor is:

  • Dead,
  • Disabled, or
  • Abusive.

Deeming occurs until or unless:

  • The sponsor dies, or
  • The Noncitizen has resided in the United States for 3 years or longer since date of entry.

Deeming occurs until or unless:

  • The sponsor dies,
  • The sponsor or the sponsor’s spouse begins receiving public assistance benefits,
  • The noncitizen becomes a naturalized citizen,
  • The noncitizen has worked 40 qualifying work quarters, or
  • The noncitizen meets the definition under the “Indigence Exception” rules.

Who is eligible for EXTENDED CAPI?

Date of entry is On or After 8/22/96, and meets the following criteria:

  • Does not have a sponsor,
  • Has a sponsor who is NOT deceased or disabled, or
  • Has a sponsor and is NOT a victim of abuse by the sponsor or the sponsor’s spouse.

Sponsor-deeming applies for

10 years from execution of Affidavit of Support or from the Date of Entry, whichever is later.

Deeming must occur within the 10-year period unless:

  • The noncitizen becomes blind, or disabled AFTER date of entry,
  • The noncitizen is not a LAPR and has left the United States, or
  • The County determined that the sponsor or sponsor’s spouse is abusive to the noncitizen.

Sponsor-deeming applies for 10 years from execution of Affidavit of Support or from date of entry, whichever is later.

Deeming must occur within the 10-year period unless:

  • The noncitizen, or the noncitizen’s child or parent is a victim of abuse and the victim is living in a different household than the abuser,
  • The County determined that the sponsor or sponsor’s spouse is abusive to the noncitizen, or
  • The Noncitizen meets Indigence Exception rule

Related Topics

Sponsorship

Indigence Exception Rule (for I-864 only)