Obligation to support – In one of our earlier entries, we discussed what the purpose of USCIS’s Form I-864, Affidavit of Support is, what kind of evidence needs to be submitted with the application, and some the responsibilities of the sponsor. The purpose of this entry to is elaborate on the responsibilities of the sponsor. Further requirements of the sponsor can also be found in the Immigration and Nationality Act §213A.
What is a Sponsor Responsible for Providing?
As mentioned previously, when a petitioner/sponsor signs an Affidavit of Support, they are telling the U.S. Government that they will accept legal responsibility for financially supporting the beneficiary of their petition. The affidavit of support is a contract. This promise generally lasts until the sponsored immigrant becomes a U.S. citizen, or is credited with forty quarters of work in the U.S. Divorce does not end the obligation of sponsorship. If the sponsored immigrant receives any public benefits, the petitioner/sponsor is responsible for repaying the costs of those benefits to the agency which provided them.
What if the Sponsor Fails to Provide Adequate Support?
If the sponsor is not able to provide adequate support to their sponsored immigrant beneficiary, the beneficiary may sue their sponsor in order to enforce the contract. The sponsor with the obligation to support is liable to provide financial support to the beneficiary in an amount which is specified by the Health and Human Services (HHS) support guidelines. The dollar amount of support is provided on the HHS Poverty Guidelines, which state that the support provided must be equal to 125% of the federal poverty guideline level for their household size.
If you have questions about the affidavit of support or one’s obligation to support, consider setting up a consultation with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
This Blog/Web Site is made available by Gilles Law, PLLC , a Charlotte-based law firm, for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.