Tag Archives: Enforceable Contract

Take Affidavit of Support Seriously

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Many U.S. citizens and permanent residents signed an affidavit of support for an immigrant without knowing what responsibilities they have promised to take. The Affidavit of Support (I-864) is an enforceable contract by the sponsored person, the local, state or federal government or any agency providing a means-tested public benefit. The sponsor and joint sponsor are jointly and severally liable. Even when the immigrant divorces the sponsor, in addition to any alimony payment, the sponsor and/or joint sponsor may have a continuing responsibility to support the immigrant at 125% of poverty guideline. Defense to enforcement of the affidavit on regard to damages include mitigation and set off. A sponsored immigrant, in a divorce settlement, can surrender her right to sue the sponsor to enforce the I-864. The contract is enforceable until the sponsored immigrant is (1) naturalized, (2) ceases to be an LPR (Lawful Permanent Resident) and departs the U.S., (3) obtains a new grant of AOS (adjustment of status) in a removal proceeding; (4) has earned or been credited with 40 qualifying quarters in social security; or (5) dies.