PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -678
"(C) is domiciled in any of the several States of the
United States, the District of Columbia, or any territory
or possession of the United States;
"(D) is petitioning for the admission of the alien under
section 204; and
"(E) demonstrates (as provided in paragraph (6)) the
means to maintain an annual income equal to at least
125 percent of the Federal poverty line.
"(2) INCOME REQUIREMENT CASE. —Such term also includes
an individual who does not meet the requirement of paragraph
(1)(E) but accepts joint and several liability together with an
individual under paragraph (5).
"(3) ACTIVE DUTY ARMED SERVICES CASE.—Such term also
includes an individual who does not meet the requirement
of paragraph (1)(E) but is on active duty (other than active
duty for training) in the Armed Forces of the United States,
is petitioning for the admission of the alien under section
204 as the spouse or child of the individual, and demonstrates
(as provided in paragraph (6)) the means to maintain an annual
income equal to at least 100 percent of the Federal poverty
line.
"(4) CERTAIN EMPLOYMENT-BASED IMMIGRANTS CASE.—Such
term also includes an individual—
"(A) who does not meet the requirement of paragraph
(1)(D), but is the relative of the sponsored alien who filed
a classification petition for the sponsored alien as an
employment-based immigrant under section 203(b) or who
has a significant ownership interest in the entity that
filed such a petition; and
"(B)(i) who demonstrates (as provided under paragraph
(6)) the means to maintain an annual income equal to
at least 125 percent of the Federal poverty line, or
"(ii) does not meet the requirement of paragraph (1)(E)
but accepts joint and several liability together with an
individual under paragraph (5).
"(5) NON-PETITIONING CASE.--Such term also includes an
individual who does not meet the requirement of paragraph
(1)(D) but who accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employmentbased immigrant under paragraph (4) and who demonstrates
(as provided under paragraph (6)) the means to maintain an
annual income equal to at least 125 percent of the Federal
poverty line.
"(6) DEMONSTRATION OF MEANS TO MAINTAIN INCOME.—
"(A) IN GENERAL.—
" (i) METHOD OF DEMONSTRATION.— For purposes of
this section, a demonstration of the means to maintain
income shall include provision of a certified copy of
the individual's Federal income tax return for the
individual's 3 most recent taxable years and a written
statement, executed under oath or as permitted under
penalty of perjury under section 1746 of title 28, United
States Code, that the copies are certified copies of
such returns.
"(ii) FLEXIBILITY. —For purposes of this section,
aliens may demonstrate the means to maintain income
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