Form I-361 - Instructions For Affidavit Of Financial Support And Intent To Petition For Legal Custody Of Public Law 97-359 Amerasian


Instructions for Affidavit of
Financial Support and Intent to Petition for Legal Custody
of Public Law 97-359 Amerasian
Department of Homeland Security
Form I-361
U.S. Citizenship and Immigration Services
What Is the Purpose of Form I-361?
You may only use this affidavit may be used only to sponsor persons born in Korea, Laos, Vietnam, Kampuchea, and
Thailand after December 31, 1950, and before October 22, 1982, and who were fathered by U.S. citizens. You must file it
in support of Form I-360, Petition for Amerasian, Widower, or Special Immigrant.
Who May Sponsor a Public Law 97-359 Amerasian?
In order to sponsor a Public Law 97-359 Amerasian, you must be a U.S. citizen or lawful permanent resident, 21 years of
age or older, and of good moral character.
What Are the Financial Sponsorship
You must furnish financial support during an entire five year period, beginning:
1. On the date the Amerasian acquires lawful permanent resident status; or
2. During the entire period, beginning on the date the Amerasian acquires lawful permanent resident status and ending
on the date when the Amerasian becomes 21 years of age, whichever period is longer.
You must provide financial support sufficient to maintain your family, including the Amerasians in the United States,
at a level equal to at least 125 percent of the current official poverty line (as established by the Director of the Office of
Management and Budget, under section 673(2) of the Omnibus Budget Reconciliation Act of 1981 and as revised by
the Secretary of Health and Human Services under section 652 of that Act) for a family of the same size as your family,
including the Amerasian.
Special Sponsorship Requirement
You must agree to petition the court having jurisdiction, within 30 days of the Amerasian’s arrival in the United States, to
gain legal custody according to the laws of the state where the Amerasian will reside until the Amerasian is 18 years of
In addition, an appropriate public, private, or state agency must arrange the Amerasian’s placement with you in the United
States, and you must accept the Amerasian for care in your home under the laws of the state of the Amerasian’s intended
See the instructions on Form I-360 concerning placement of a beneficiary under 18 years of age.
Form I-361 Instructions 09/11/15 N
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