Who Is the Principal Immigrant on Form I-864? Key Insights for You

Introduction

Family-based immigration to the U.S. can be very complex, and the requirements for Form I-864, in particular, can be very confusing.

• Who is the principal immigrant?
• What are some of the challenges to securing principal immigrant status?
• How do you overcome them in order to achieve your goal of permanent residency?

Define the Principal Immigrant on Form I-864

The complex attempt to understand U.S. immigration to support families of relatives can be very confusing. In filling out the form I-864 for the main applicant, it is helpful to first understand that the main applicant is separate from the children, etc. of the main applicant who will be included on the form I-864 application as part of the family unit but will be considered derivative beneficiaries on form I-864 who are not to be supported by the main applicant.

The volume of recent immigration has never been seen before and is expected to total over 1.4 million new lawful permanent residents (LPRs) in FY 2024 with 48% or 681,600 of these new immigrants will be immediate relatives of U.S. citizens, the largest group of family-based immigrants. Other family members of these relatives are proceeding through the same process and will need similar support. Furthermore, in FY 2023, 54,350 individuals were granted immigration protections for humanitarian reasons primarily from Central America.

The case study will illustrate the importance of knowing who the principal immigrant is when completing Form I-864. It will describe how the requirements of Form I-864 apply to the sponsoring United States citizens and lawful permanent residents who agree to provide financial support for their family members residing outside of the U.S. until the foreign national either becomes a U.S. citizen or meets other criteria in order to cease.

Outline Qualifications for Principal Immigrant Status

If you or a family member is planning to immigrate to the United States, this information will be helpful to you to determine if you or they can qualify as the principal immigrant on Form I-864.

1. Intending Non-Citizen: The principal immigrant described in this paragraph is an intending non-citizen of the United States who is the beneficiary of an approved petition for permanent resident status, for example an I-130 Petition for Alien Relative.
2. Eligibility: The sponsor or the alien relative must fall within a classification of relatives or workers that can be sponsored for immigration and admission to the United States as an intending immigrant.
3. Age and Status: The Beneficiary must be at least 18 years of age for him/her to qualify as the Principal Immigrant. The Beneficiary must also meet the requirements of an intending immigrant, including being free from any number of legal bars to eligibility to become a lawful permanent resident, such as having committed crimes of moral turpitude or being subject to removal from the US.
4. Residency: You intend to reside in the United States after admission as an immigrant.
5. Documentation: All required documents to establish identity and qualifications for immigration have to be presented to the proper authorities with the principal immigrant’s application for permanent residency.

These same qualifications that the sponsor must meet for the principal immigrant also apply to you, the immigrant, and must be strictly followed to process your application for permanent residency in the U.S. Within the last year, many individuals have received their green cards to start their new life in the U.S.

Knowing your rights in an immigration emergency can mean the difference between freedom and deportation. Whether you are here legally or not, you have the right to remain silent, to have an attorney present, and to refuse to sign anything that could possibly be used to incriminate you or lead to your deportation. At Vasquez Law Firm, we are available 24 hours a day, 7 days a week to handle any immigration emergency that may arise. We will ensure that your rights are strictly observed. The amount of money you make and the amount of money that you have in the bank is of no concern to us because we believe that everyone deserves justice on their side. We have various payment plans to accommodate your financial situation and we will fight hard for you.

Explain Responsibilities and Implications of Principal Immigrant Status

Sponsorship of relatives and responsibilities of those sponsoring immigrants as well as the definition of Principal Immigrant and Form I-864 requirements for the principal and joint sponsors.

Financial Support: As a relative sponsor, you are expected to provide financial support to keep your immigrant relative from becoming a Public Charge. The form I-864 sponsor must show that he or she has sufficient income or assets to maintain relative(s) at 125% or above of the Federal Poverty Level as calculated for total household size.

Legal Obligations: The responsibilities and commitments a sponsor must meet under the Form I-864 must be fully understood. While an adequate Form I-864 will be considered in the public charge assessment, there are other factors that will determine if an individual is subject to public charge. This commitment will continue until the sponsored relative becomes a U.S. citizen, or meets the requirements of other categories of immigrant workers who can work in the U.S. and later become U.S. citizens.

Duration of Support: Sponsor support is required for the period of time until the immigrant family members become U.S. citizens or qualifying working green card holders. Note however that there are exceptions to Form I-864 requirements for example VAWA self-petitioners.

Impact on Benefits: The principal immigrant typically will not be eligible for certain public benefits until they have become a U.S. citizen. These restrictions may affect the financial well-being of an immigrant who has entered the U.S. as a lawful permanent resident until the immigrant becomes a U.S. citizen. It is good for a sponsor to understand the long-term commitments made by completing the Form I-864 for the principal immigrant.

Identify Common Challenges in Principal Immigrant Designation

For individuals seeking to obtain Immigrant Status, the most sought after status is that of Principal Immigrant Status. We help our clients through the complex Principal Immigrant Status process that involves a multitude of steps and paperwork.

1. Incomplete Documentation: There is nothing more disappointing than waiting for months or even years for a decision on your application only to have it delayed or denied due to missing documentation. This is why we make sure that all required forms and supporting documentation are presented in a complete fashion.
2. Misunderstanding Eligibility: Many individuals incorrectly assume that they are eligible for immigrant status as a Principal Immigrant. The delays and frustrations experienced when their application is denied only to find out later that they were never eligible for status as an immigrant in the first place can be very disheartening.
3. Financial Requirements: Most sponsors find the financial requirements on Form I-864 difficult to meet, since they do not know if the principal immigrant is a parent, spouse, child or other relative. Additional requirements to qualify for status as an immigrant, such as having the assistance of a joint sponsor or additional documentation to prove greater financial capacity to cushion the immigrant against uncertainty in the U.S. to qualify for status as an immigrant, are necessary.
4. Legal Complexities: We keep up to date on the changing laws pertaining to immigration so we can advise our clients of their options in this very complex area of law.
5. Public Charge Concerns: Many people fear that they will be classified as a public charge and therefore adversely affect their immigration status because of unknown long-term consequences. Addressing these concerns early on can alleviate much anxiety as the rest of the application unfolds.

These are just a few of the challenges that immigrants and their sponsors face as they try to start their new lives with their families. We are committed to helping you through each of these challenges to complete your application for immigrant status.

Conclusion

Immigration law for bringing family members to live in the U.S. can be complicated even for the most experienced individuals. There are several key issues when dealing with the principal immigrant on Form I-864 and the derivative beneficiaries of the principal immigrant; the main responsibilities of the principal immigrant in order to become a sponsor of the immigrant family member.

In order to obtain approval of an immigrant family member’s immigration application, it is very important to have knowledge of the qualifications of the principal immigrant on Form I-864, the duties of sponsors, and potential problems encountered in completing the form I-864 such as the immigrant’s financial requirements and the fear that sponsors have of being considered as public charges. As always, having proper documentation and clearly explaining the information are required for approval of an immigration application.

At the Vasquez Law Firm, we can help you through the process of obtaining lawful permanent residency for your family. We offer bilingual services and flexible payment options. Contact us to discuss how we can help you with your goal of having your family members join you in the United States.

Frequently Asked Questions

What is the purpose of Form I-864?

Form I-864 is used to demonstrate that a U.S. citizen or lawful permanent resident can provide financial support for their family members who are applying for immigration, ensuring that they will not become a public charge.

Who is considered the principal immigrant on Form I-864?

The principal immigrant is the main applicant for immigration, separate from their children or other family members who may be included in the application as derivative beneficiaries.

What are derivative beneficiaries in the context of Form I-864?

Derivative beneficiaries are family members of the principal immigrant who are included in the application but are not directly supported by the principal immigrant.

How many new lawful permanent residents (LPRs) are expected in FY 2024?

Over 1.4 million new lawful permanent residents are expected in FY 2024.

What percentage of new immigrants in FY 2024 will be immediate relatives of U.S. citizens?

Approximately 48%, or 681,600, of the new immigrants will be immediate relatives of U.S. citizens.

What was the number of individuals granted immigration protections for humanitarian reasons in FY 2023?

In FY 2023, 54,350 individuals were granted immigration protections for humanitarian reasons, primarily from Central America.

Why is it important to know who the principal immigrant is when completing Form I-864?

Understanding who the principal immigrant is crucial for accurately completing Form I-864 and ensuring that the financial support obligations are clearly defined for the sponsoring U.S. citizens and lawful permanent residents.

List of Sources

1. Define the Principal Immigrant on Form I-864
   • Frequently Requested Statistics on Immigrants and Immigration in the United States (https://migrationpolicy.org/journal/spotlight/frequently-requested-statistics-immigrants-and-immigration-united-states)
   • Lawful Permanent Residents Annual Flow Reports (https://ohss.dhs.gov/topics/immigration/lawful-permanent-residents/annual-flow-report)
   • USCIS Releases New Edition of Form I-864, Affidavit of Support: What Sponsors and Immigrants Need to Know (https://gunster.com/newsroom/publications/uscis-releases-new-edition-of-form-i-864-affidavit-of-support-what-sponsors-and-immigrants-need-to-know)
2. Outline Qualifications for Principal Immigrant Status
   • Frequently Requested Statistics on Immigrants and Immigration in the United States (https://migrationpolicy.org/journal/spotlight/frequently-requested-statistics-immigrants-and-immigration-united-states)
3. Explain Responsibilities and Implications of Principal Immigrant Status
   • Chapter 6 - Affidavit of Support Under Section 213A of the INA (https://uscis.gov/policy-manual/volume-8-part-g-chapter-6)
   • USCIS Issues Guidance on Making Public Charge Inadmissibility Determination | USCIS (https://uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination)
   • What Are the Responsibilities When You Sign Form I-864, Affidavit of Support? (https://thomasmlee.com/blog/what-are-the-responsibilities-when-you-sign-form-i-864-affidavit-of-support)
4. Identify Common Challenges in Principal Immigrant Designation
   • Frequently Requested Statistics on Immigrants and Immigration in the United States (https://migrationpolicy.org/journal/spotlight/frequently-requested-statistics-immigrants-and-immigration-united-states)
   • USCIS Filing Trends: New Data Shows Immigration Processing Falling Further Behind - American Immigration Council (https://americanimmigrationcouncil.org/blog/uscis-immigration-processing-trends-2026)
   • USCIS Issues New Public Charge Guidance Ahead of September 2026 Rule Changes - Erickson Immigration Group (https://eiglaw.com/uscis-issues-new-public-charge-guidance-ahead-of-september-2026-rule-changes)
   • New USCIS Memo May Force More Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion - American Immigration Council (https://americanimmigrationcouncil.org/blog/green-card-news-uscis-memo)
   • USCIS Issues Guidance on Making Public Charge Inadmissibility Determination | USCIS (https://uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination)