I-864 Affidavit of Support: Not Just Another Immigration Form
Beginning and End of the ContractContract 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
What is the Sponsor Promising?Sponsor agrees to support the Alien at 125% of the Poverty Guidelines Level. INA ?213A.
Who Can Enforce the Contract?*Alien
*State Government or Municipality/County/Etc.
*Any other entity that provides any means-tested public benefit to the Alien
*Not the USCIS
Where Can the Contract Be Enforced?*Any Federal Court
*Any State Court
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
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.