Form I-361 - Affidavit Of Financial Support And Intent To Petition For Legal Custody
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11OMB No. 1615-0021; Expires 04/30/2012
I -361, Affidavit of Financial Support and Intent to
Department of Homeland Security
Petition for Legal Custody of P.L. 97-359 Amerasian
U. S. Citizenship and Immigration Services
Instructions
In addition, an appropriate public, private, or State agency
What Is the Purpose of This Form?
must arrange the Amerasian's placement with you in the
This affidavit may be used only to sponsor persons born in
United States, and you must be able to accept the Amerasian
Korea, Laos, Vietnam, Kampuchea, and Thailand after
for care in your home under the laws of the State of the
December 31, 1950, and before October 22, 1982, and who
Amerasian's intended residence.
were fathered by U.S. citizens. It must be filed in support of
See the instructions on Form I-360 concerning placement of a
Form I-360, Petition for Amerasian, Widow(er), or Special
beneficiary under 18 years of age.
Immigrant.
The sponsor must complete, sign, and submit this form in
Execution of Affidavit
duplicate with Form I-360 to the district or suboffice of U.S
Citizenship and Immigration Services (USCIS) that has
You must sign the affidavit in your full, true, and correct
jurisdiction over the sponsor's place of residence. Failure to
name and affirm or make it under oath.
submit this form in duplicate may result in the rejection of
your petition.
If you are in the United States, the affidavit must be sworn to
or affirmed before a USCIS officer.
Who May Sponsor?
If you are outside the United States, the affidavit must be
In order to sponsor a Public Law 97-359 Amerasian, you
sworn to or affirmed before a USCIS officer or a U.S
must be a U.S. citizen or lawful permanent resident, 21 years
Department of State consular officer.
of age or older, and of good moral character.
Supporting Evidence
What Are the Financial Sponsorship
Requirements?
You must submit in duplicate evidence of income and
resources, as appropriate:
You must furnish financial support during an entire five-year
period, beginning:
1. Statement from an officer of the bank or other
financial institution in which you have deposits,
1. On the date the Amerasian acquires the status of an
giving the following details regarding your account:
alien lawfully admitted for permanent residence; or
A. Date the account was opened;
2. During the entire period, beginning on the date the
Amerasian acquires the status of an alien lawfully
B. Total amount deposited for the past year; and
admitted for permanent residence and ending on the
C. Present balance.
date when the Amerasian becomes 21 years of age,
whichever period is longer.
2. Statement of your employer, preferably on business
stationery, showing:
The financial support must be sufficient to maintain your
family, including the Amerasians in the United States, at a
A. Dates and nature of employment;
level equal to at least 125 percent of the current official
poverty line (as established by the Director of the Office of
B. Salary paid; and
Management and Budget, under section 673(2) of the
C. Whether position is temporary or permanent.
Omnibus Budget Reconciliation Act of 1981 and as revised
by the Secretary of Health and Human Services under section
3. If you are self-employed:
652 of that Act) for a family of the same size as your family,
including the Amerasian.
A. Copy of last income tax return filed; or
Special Sponsorship Requirement
B. Report of commercial rating concern.
4. List containing the serial numbers and denominations
You must agree to petition the court having jurisdiction
of bonds and name(s) of record of the owner(s).
within 30 days of the Amerasian's arrival in the United States
to be awarded legal custody according to the laws of the State
where the Amerasian will reside until the Amerasian is 18
years of age.
Form I-361 (Rev. 04/28/09)Y
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