No problems. You can apply for financial aid.
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Thanks for your inquiry. The answer to your question is that you should have no problem with applying for financial aid and having this application process affect the affidavit of support which was filed on your behalf. Let me explain.
As a general rule, when a family member applies to bring another member of their family to the US on an immigrant visa, the sponsor must complete a Form I-864, Affidavit of Support. The prupose of this form is ensure that the beneficiary of a visa will not become a "public charge" - someone who will need the benefits of means tested public assistance which here in the US.
The idea behind the paperwork requirement is that someone trying to bring a member of their famly to the US shoudl not be permitted to do so unless there is some reasonable assurance that the sponsored family member will have the financial resources necessary to ensure that there is no need for the type of assistance generally restricted to those who are either US citizens or permanent residents who have resided in the US for an extended period of time and have "paid into the system."
Now in a case like yours, the concern is whether applying for a federal student loan program will somehow violate the terms of the Form I-864 and the answer is that will not. The FAFSA program has its method of determining who is eligible for student loans, however asking for such loans and receiving such services is not the type of means tested public assistance welfare benefits relating to the Form I-864. So no real need to worry.
The type of concern that you should have is when you are dealing with a local, state or federal agency which is government funded and which is offering services based on income levels. These are the kinds of programs which the affidavit of support is intended to cover such that certain immigrants who are subject to the requirements of a Form I-864 are either not eligible for these programs or the sponsor on the Form I-864 may be required to pay such resources back to the local, state or federal agency which gave the benefits to the immigrant.
Sounds awful confusing and it really is. My experience with the current Affidavit of Support system is that we all have to complete the necessary paperwork but the government does very little to enforce violatioso the idea is good in theory but really useless in practice.
You have certainly done the right thing by asking questions before taking steps that may call the promises made in the Form I-864 into question. But I do not think that there is really any reason to have concern about applying for student aid. Good luck.