I-864 Affidavit of Support: Not Just Another Immigration Form

Susan Kyong-Lee Pai

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Immigration Attorney

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Posted over 4 years ago. 4 helpful votes

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1

Beginning and End of the Contract

Contract begins when the alien becomes a permanent resident (not when the I-864 is signed). Contract ends if: *Alien becomes a U.S. Citizen *Alien can be credited with 40 qualifying quarters of coverage under Title II of the Social Security Act, 42 USC ?401 et seq. *Alien ceases to hold Lawful Permanent Resident status (Green Card Holder) and leaves the U.S. *Alien is in removal proceedings, obtains a grant of new Adjustment of Status and with that, a new Sponsor *Alien dies *Sponsor dies

2

What is the Sponsor Promising?

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

3

Who Can Enforce the Contract?

*Alien *Federal Government *State Government or Municipality/County/Etc. *Any other entity that provides any means-tested public benefit[1] to the Alien *Not the USCIS

4

Where Can the Contract Be Enforced?

*Any Federal Court *Any State Court

5

How Does the Suing Party Get the Sponsor's Information?

*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 *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. --Failure to provide notice can result in fines from $250 to $2,000, or --If the Alien has received means-tested public benefits, $2,000 to $5,000

6

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

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

Additional Resources

I-864 Affidavit of Support = Contract of Support

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