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What are the risk of filling an affidavit of support for my employee s parent ? What are the pros and cons ?

San Jose, CA |

I have been ask by one of my employees to help her sponsor her parents by singing the affidavit of support form for her parents . Before I fill out the form , I have a contract in writing that will assure me and my employee regarding the affidavit of support . Saying that she , as their daughter , will be solely responsible and have obligated to support her parent during their stay in United States . And also guarantee that her parent will not apply for a food stamps , SIS , or temporary assistance from the government . Suppose that things turn sour in the future between me with her or her parents , can she use the contract against me in the court of immigration law . Is there anything called co - affidavit of support ? Your help and advice would be appreciated ! Thank You ! Best Regards , San Trish

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Attorney answers 1


The affidavit of support is a legally binding and enforceable contract between you and the US government. It does not matter what agreement you have with your employee regarding her promise that her parents will not get food stamps, welfare... If any of those happen, YOU will be the one the government goes after and YOU can be forced to repay.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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