[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR40.41]

[Page 168]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 40--REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
                        Subpart E--Public Charge
 
Sec. 40.41  Public charge.


    (a) Basis for Determination of Ineligibility. Any determination that 
an alien is ineligible under INA 212(a)(4) must be predicated upon 
circumstances indicating that, notwithstanding any affidavit of support 
that may have been filed on the alien's behalf, the alien is likely to 
become a public charge after admission, or, if applicable, that the 
alien has failed to fulfill the affidavit of support requirement of INA 
212(a)(4)(C).
    (b) Affidavit of support. Any alien seeking an immigrant visa under 
INA 201(b)(2), 203(a), or 203(b), based upon a petition filed by a 
relative of the alien (or in the case of a petition filed under INA 
203(b) by an entity in which a relative has a significant ownership 
interest), shall be required to present to the consular officer an 
affidavit of support (AOS) on a form that complies with terms and 
conditions established by the Attorney General. Petitioners for 
applicants at a post designated by the Deputy Assistant Secretary for 
Visa Services for initial review of and assistance with such an AOS will 
be charged a fee for such review and assistance pursuant to Item 61 of 
the Schedule of Fees for Consular Services (22 CFR 22.1).
    (c) Joint Sponsors. Submission of one or more additional affidavits 
of support by a joint sponsor/sponsors is required whenever the relative 
sponsor's household income and significant assets, and the immigrant's 
assets, do not meet the Federal poverty line requirements of INA 213A.
    (d) Posting of Bond. A consular officer may issue a visa to an alien 
who is within the purview of INA 212(a)(4) (subject to the affidavit of 
support requirement and attribution of sponsor's income and resources 
under section 213A), upon receipt of a notice from INS of the giving of 
a bond or undertaking in accordance with INA 213 and INA 221(g), and 
provided further that the officer is satisfied that the giving of such 
bond or undertaking removes the likelihood that the alien will become a 
public charge within the meaning of this section of the law and that the 
alien is otherwise eligible in all respects.
    (e) Prearranged Employment. An immigrant visa applicant relying on 
an offer of prearranged employment to establish eligibility under INA 
212(a)(4), other than an offer of employment certified by the Department 
of Labor pursuant to INA 212(a)(5)(A), must provide written confirmation 
of the relevant information sworn and subscribed to before a notary 
public by the employer or an authorized employee or agent of the 
employer. The signer's printed name and position or other relationship 
with the employer must accompany the signature.
    (f) Use of Federal Poverty Line Where INA 213A Not Applicable. An 
immigrant visa applicant, not subject to the requirements of INA 213A, 
and relying solely on personal income to establish eligibility under INA 
212(a)(4), who does not demonstrate an annual income above the Federal 
poverty line, as defined in INA 213A (h), and who is without other 
adequate financial resources, shall be presumed ineligible under INA 
212(a)(4).

[62 FR 67564, Dec. 29, 1997, as amended at 65 FR 78094, Dec. 14, 2000]