Affidavit of Support

August 13, 2014–Unique Texas Divorce Case Highlights Little-Known Immigration Clause

Read more: http://latino.foxnews.com/latino/politics/2013/08/13/unique-texas-divorce-case-highlights-little-known-immigration-clause/#ixzz2cdTcFiSE

Affidavit of Support = A Contract of Support

I.           Beginning and End of the Contract

a.     Contract begins when the alien becomes a permanent resident (not when the 1-864 is signed)

b.     Contract ends if:

i.      Alien becomes a U.S. Citizen

ii.     Alien can be credited with 40 qualifying quarters of coverage under Title II of the Social Security Act, 42 USC §401 et seq.http://apps.state.or.us/caf/fsm/15nc-e.htm

iii.   Alien ceases to hold Lawful Permanent Resident status (Green Card Holder) and leaves the U.S.

iv.     Alien is in removal proceedings, obtains a grant of new Adjustment of Status and with that, a new Sponsor

v.      Alien dies

vi.     Sponsor dies

II.         What is the Sponsor Promising?

a. Sponsor agrees to support the Alien at 125% of the Poverty Guidelines Level. INA §213A.

http://www.uscis.gov/files/form/l-864P.pdf

III.        Who Can Enforce the Contract?

a.    Alien

b.    Federal Government

c.    State Government or Municipality/County/Etc.

d.     Any other entity that provides any means-tested public benefit[1. Means-tested public benefit means either a Federal means-tested public benefit, which is any public benefit funded in whole or in part by funds provided by the Federal Government that the Federal agency administering the Federal funds has determined to be a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, or a State means-tested public benefit, which is any public benefit for which no Federal funds are provided that a State, State agency, or political subdivision of a State has determined to be a means-tested public benefit. No benefit shall be considered to be a means-tested public benefit if it is a benefit described in sections 401 (b), 411 (b), 422(b) or 423(d) of Public Law 104-193.] to the Alien

e.     Not the USCIS

IV.           Where Can the Contract Be Enforced?

a.     Any Federal Court

b.     Any State Court

V.            How Does the Suing Party Get the Sponsor’s Information?

a.     Agencies that provide means-tested public benefits may submit Forms G-845 and G-845S to USCIS to obtain the name, address and social security number of the sponsor

b.     Note: Sponsors must notify the Attorney General and the state in which the alien lives of any address changes for the entire time of the support obligation

  i. Failure to provide notice can result in fines from $250 to $2,000, or

 ii. If the Alien has received means-tested public benefits, $2,000 to $5,000

VI.    Joint Sponsors Have Accepted Joint and Several Liability for the Support Obligation

a.     Joint Liability means that the support obligation may be enforced against the sponsor and joint sponsor so that each may be liable for a portion of the total amount due.

b.     Several Liability means that the alien or any federal, state or local agencymay choose to sue only the sponsor or Joint Sponsor for the entire amount.

VII.    The 1-864 Survives Divorce and is Separately Enforceable as a Contract²