SI 00502: SSI Alien Eligibility

Effective Dates: 08/05/2014 - Present

TN 8 (10-00)

A. Definitions

1. Old Version Affidavit of Support

An old version affidavit of support is a legally unenforceable affidavit of support (Department of Homeland Security (DHS) Form I-134 or similar form) used by DHS in sponsorship cases where the sponsor was not or is not required to sign the new version affidavit of support.

2. New Version Affidavit of Support

A new version affidavit of support is the legally enforceable affidavit of support (DHS Form I-864 or similar form) used by DHS for applications for immigrant visas or for adjustments of status filed on or after 12/19/97. DHS will require the sponsor to complete this affidavit for:

all immediate relative immigrants;
all family-based immigrants; and
employment-based immigrants who will be working for a relative or a company in which a relative owns 5% or more of the company.

B. Policy--determining sponsorship and type of affidavit of support

DHS will certify whether an alien has a sponsor and, if so, what kind of affidavit the sponsor signed. Determining which affidavit of support was signed is critical since deeming will apply differently.

1. Old Version Affidavits of Support

All affidavits signed prior to 12/19/97 are old version affidavits of support. This includes cases where the applicant may have entered the country AFTER 12/19/97, but applied for an immigrant visa BEFORE 12/19/97. Old version affidavits of support will also be used with cases of sponsored aliens other than those described in SI 00502.215A.2.

2. New Version Affidavits of Support

Generally, in family-based immigration situations, an affidavit of support signed on or after 12/19/97 will be a new version affidavit of support (SI 00502.215A.2.). However, if the alien had an official interview with an immigration officer prior to 12/19/97, a new version affidavit may not be required. Since we are unable to determine when such interviews have occurred, verification with DHS is needed. (See SI 00502.240 for verification procedure, and SI 00502.215C. for a list of immigration codes that may indicate the alien was sponsored under a new version affidavit.)

C. List of immigration codes indicating new version affidavit may have been used

C20	Child of an alien classified as C24 or C29 - conditional.
C21	Spouse of a lawful permanent resident alien (subject to country limitations) - conditional.
C22	Stepchild (under 21 years of age) of a lawful permanent resident alien (subject to country limitations) - conditional.
C23	Child of an alien classified as C21, C22, C26, or C27 (subject to country limitations) - conditional.
C24	Unmarried son or daughter (21 years of age or older) who is a stepchild of a lawful permanent resident alien (subject to country limitations) - conditional.
C25	Child of an alien classified as C24 or C29 - conditional.
C26	Spouse of a lawful permanent resident alien (subject to country limitations) - conditional.
C27	Stepchild (under 21 years of age) of a lawful permanent resident alien (subject to country limitations) - conditional.
C28	Child of an alien classified as C21, C22, C26, or C27 (subject to country limitations) - conditional.
C29	Unmarried son or daughter (21 years of age or older) who is a stepchild of a lawful permanent resident alien (subject to country limitations) - conditional.
C31	Married son or daughter who is a stepchild of a U.S. citizen - conditional.
C32	Spouse of an alien classified as C31 or C36 - conditional.
C33	Child of an alien classified as C31 or C36 - conditional.
C36	Married son or daughter who is a stepchild of a U.S. citizen - conditional.
C37	Spouse of an alien classified as C31 or C36 - conditional.
C38	Child of an alien classified as C31 or C36 - conditional.
CF1	Alien whose record of admission is created upon the conclusion of a valid marriage contract after entering as a fiance or fiancee of a U.S. citizen - conditional.
CF2	Minor stepchild of an alien classified as CF1 - conditional.
CR1	Spouse of a U.S. citizen - conditional.
CR2	Stepchild of a U.S. citizen - conditional.
CR6	Spouse of a U.S. citizen - conditional.
CR7	Stepchild of a U.S. citizen - conditional.
CX1	Spouse of a lawful permanent resident alien (exempt from country limitations)- conditional.
CX2	Stepchild (under 21 years of age) of a lawful permanent resident alien (exempt from country limitations) - conditional.
CX3	Child of an alien classified as CX2 or CX7 (exempt from country limitations) - conditional.
CX6	Spouse of a lawful permanent resident alien (exempt from country limitations)- conditional.
CX7	Stepchild (under 21 years of age) of a lawful permanent resident alien (exempt from country limitations) - conditional.
CX8	Child of an alien classified as CX2 or CX7 (exempt from country limitations) - conditional.
E10	Child of a priority worker classified as E11, E16, E12, E17, E13, or E18.
E11	Priority worker - alien with extraordinary ability.
E12	Priority worker - outstanding professor or researcher.
E13	Priority worker - certain multinational executive or manager.
E14	Spouse of a priority worker classified as E11, E16, E12, E17, E13, or E18.
E15	Child of a priority worker classified as E11, E16, E12, E17, E13, or E18.
E16	Priority worker - alien with extraordinary ability.
E17	Priority worker - outstanding professor or researcher.
E18	Priority worker - certain multinational executive or manager.
E19	Spouse of a priority worker classified as E11, E16, E12, E17, E13, or E18.
E21	Professional holding an advanced degree or of exceptional ability.
E22	Spouse of an alien classified as E21 or E26.
E23	Child of an alien classified as E21 or E26.
E26	Professional holding an advanced degree or of exceptional ability.
E27	Spouse of an alien classified as E21 or E26.
E28	Child of an alien classified as E21 or E26.
E30	Child of a skilled worker or professional classified as E31, E36, E32, or E37.
E31	Alien who is a skilled worker.
E32	Professional who holds a baccalaureate degree or who is a member of a profession.
E34	Spouse of a skilled worker or professional classified as E31, E36, E32, or E37.
E35	Child of a skilled worker or professional classified as E31, E36, E32, or E37.
E36	Alien who is a skilled worker.
E37	Professional who holds a baccalaureate degree or who is a member of a profession.
E39	Spouse of a skilled worker or professional classified as E31, E36, E32, or E37.
EW0	Child of an alien classified as EW3 or EW8.
EW3	Other worker performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
EW4	Spouse of an alien classified as EW3 or EW8.
EW5	Child of an alien classified as EW3 or EW8.
EW8	Other worker performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
EW9	Spouse of an alien classified as EW3 or EW8.
F11	Unmarried son or daughter of a U.S. citizen.
F12	Child of an alien classified as F11 or F16.
F16	Unmarried son or daughter of a U.S. citizen.
F17	Child of an alien classified as F11 or F16.
F20	Child of an alien classified as F24 or F29 (subject to country limitations).
F21	Spouse of a lawful permanent resident alien (subject to country limitations).
F22	Child (under 21 years of age) of a lawful permanent resident alien (subject to country limitations).
F23	Child of an alien classified as F21 or F26 (subject to country limitations).
F24	Unmarried son or daughter (21 years of age or older) of a lawful permanent resident alien (subject to country limitations).
F25	Child of an alien classified as F24 or F29 (subject to country limitations).
F26	Spouse of a lawful permanent resident alien (subject to country limitations).
F27	Child (under 21 years of age) of a lawful permanent resident alien (subject to country limitations).
F28	Child of an alien classified as F21 or F26 (subject to country limitations).
F29	Unmarried son or daughter (21 years of age or older) of a lawful permanent resident alien (subject to country limitations).
F31	Married son or daughter of a U.S. citizen.
F32	Spouse of an alien classified as F31 or F36.
F33	Child of an alien classified as F31 or F36.
F36	Married son or daughter of a U.S. citizen.
F37	Spouse of an alien classified as F31 or F36.
F38	Child of an alien classified as F31 or F36.
F41	Brother or sister of a U.S. citizen.
F42	Spouse of an alien classified as F41 or F46.
F43	Child of an alien classified as F41 or F46.
F46	Brother or sister of a U.S. citizen.
F47	Spouse of an alien classified as F41 or F46.
F48	Child of an alien classified as F41 or F46.
FX1	Spouse of a lawful permanent resident alien (exempt from country limitations).
FX2	Child (under 21 years of age) of a lawful permanent resident alien (exempt from country limitations).
FX3	Child of an alien classified as FX1, FX2, FX7, or FX8 (exempt from country limitations).
FX6	Spouse of a lawful permanent resident alien (exempt from country limitations).
FX7	Child (under 21 years of age) of a lawful permanent resident alien (exempt from country limitations).
FX8	Child of an alien classified as FX1, FX2, FX7, or FX8 (exempt from country limitations).
IF1	Alien whose record of admission is created upon the conclusion of a valid marriage contract after entering as a fiance or fiancee of a U.S. citizen.
IF2	Minor child of an alien classified as IF1.
IR0	Parent of a U.S. citizen.
IR1	Spouse of a U.S. citizen.
IR2	Child of a U.S. citizen.
IR3	Orphan adopted abroad by a U.S. citizen.
IR4	Orphan to be adopted by a U.S. citizen.
IR5	Parent of a U.S. citizen.
IR6	Spouse of a U.S. citizen.
IR7	Child of a U.S. citizen.
IR8	Orphan adopted abroad by a U.S. citizen.
IR9	Orphan to be adopted by a U.S. citizen.
NA3	Child born during the temporary visit abroad of a mother who is a lawful permanent resident alien or national of the United States.
XE3	Child born subsequent to the issuance of a visa. Parent is employment-based preference immigrant.
XF3	Child born subsequent to the issuance of a visa. Parent is a family-based preference immigrant.
XR3	Child born subsequent to the issuance of a visa. Parent is an immediate relative immigrant.

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