3B Am. Jur. 2d Aliens and Citizens:
Corp. Jur. 2d "Aliens"
Am. Jur. Legal Forms 2d, Aliens and Citizens § 16:11 provides an example of an affidavit of a Citizen or Resident of the U.S. to support relatives desiring to emigrate.
10D Federal Procedural Forms, L. Ed., Immigration, Naturalization, and Nationality §§ 40:515, 40:516, provide examples of affidavits that an alien will not become a public charge or affidavits of support.
USCIS Form I-164 Affidavit of Support Under Section 213A of the Act applies to individuals sponsered by family members.
USCIS Form I-864A Contract Between Sponsor and Household Member applies to individuals sponsored by family members.
USCIS Form I-864EZ Affidavit of Support Under Section 213A of the Act applies to individuals who need sponsors to ensure they do not become public charges.
USCIS Form I-864W Intending Immigrant's Affidavit of Support Exemption applies to individuals who are exempt from the requirements of form I-864 (see above).
USCIS Form I-865 Sponsor's Notice of Change of Address.
*Old cases before 1956 are mostly omitted unless they are Supreme Court Cases.
Wengfang Liu v. Mund, 686 F.3d 418 (7th Cir. 2010) (holding sponsored alien does not have duty to mitigate by seeking employment and sponsor is still obligated to maintain alien at 125% of the federal poverty level, chance for alien to be permanent resident was valid consideration).
In re Cook, 473 B.R. 468 (M.D. Fla. 2012) (holding debtor's obligation under an Affidavit of Support for his wife whom he persuaded to immigrate was a "domestic support obligation.").
Mergia v. Adams, 405 Fed.Appx. 147 (9th Cir. 2010) (holding husband was estopped from seeking enforcement of Affidavit of Support because he failed to disclose it in a Chapter 7 bankruptcy).
Hrachova v. Cook, 2009 WL 3674851 (M.D. Fla. 2009) (holding immigrant was entitled to support from ex husband pursuant to an Affidavit of Support regardless of his ability to pay).
Younis v. Farooqi, 597 F.Supp.2d 552 (D. Md. 2009) (holding husband required to pay wife pursuant to Affidavit of Support, obligation not diminished by child support, wife's efforts to mitigate by seeking employment were reasonable, gifts wife received from others were de minimis and did not effect husband's obligation, divorce does not terminate sponsor's obligations under Affidavit of Support because this is a contract and is legally enforceable).
Shumye v. Felleke, 555 F.Supp.2d 1020 (N.D. Ca. 2008) (holding divorce settlement of community property rights and student loans do not count as income for sponsor's obligation to support alien wife, but student grants and housing subsidies did count as income).
Augat, Inc. v. Tabor, 719 F.Supp. 1158 (D. Mass. 1989) (holding INS decisions denying visas are entitled to deference, abuse of discretion standard).
Wang v. I.N.S., 602 F.2d 211 (9th Cir. 1979) (holding offers of financial assistance that are not legally enforceable obligations are discounted when determining whether an alien is a "public charge" in an adjustment of status case).
In re Marriage of Kamali and Alizadeh, 356 S.W.3d 544 (Tex. App. Texarkana 2011) (holding an Affidavit of Support is a legally enforceable contract).
Barnett v. Barnett, 238 P.3d 594 (Alaska 2010) (holding federal law does not require a sponsor to pay spousal support when the non-citizen earns more than 125% of the federal poverty level).
General Rule:
8 U.S.C. § 1182(a)(4), provides that aliens who are at risk of becoming a public charge (needing public assistance) are inadmissible. Factors considered in assessing the likelihood an alien will become a public charge include: age, health, assets and resources, family status, etc.
Exceptions:
8 U.S.C. §1182(d) a waiver of inadmissibility for risk of becoming a public charge grounds may be granted for victims of severe trafficking in persons, if it is in the national interest, and if the inadmissibility was caused by or incident to the trafficking. Cross reference 8 U.S.C. § 1101(a)(15)(T) for criteria to identify victims of human trafficking.
Also, under 8 U.S.C. § 1182(d) any grounds of inadmissibility, except participation in Nazi persecutions or genocide, may be waived if the alien is a non-immigrant witness with information about a crime or terrorism. Cross Reference 8 U.S.C. § 1101(a)(15)(U) and 8 U.S.C. § 1101(a)(15)(S) for criteria for alien victims or witnesses of crimes.
8 U.S.C. § 1182(a)(4) provides exceptions including:
Cross Reference 8 U.S.C. § 1103 for information on the Secretary of Homeland Security's authority to require surety bonds of aliens.
8 U.S.C. § 1183 provides that the Attorney General has discretion to waive inadmissibility due to risk of becoming a public charge when an otherwise admissible alien has a sponsor who enters into a contract with the alien and the government to support the alien.
8 U.S. C. § 1183a provides that the sponsor must provide the Attorney General with notice of a change of address on form I-865 and explains other terms of the affidavit of support and the time period in which it is enforceable.
Waivers for victims:
Title 8 C.F.R. § 212 provides for applications for victims of trafficking and other crimes.
8 C.F.R. § 213.1. Provides for admission of aliens at risk of becoming a public charge with a public charge bond. ***This Section Cross Reference USCIS Forms I-352 and I-305, but these form numbers appear out-of-date because these for numbers are no longer listed on the USCIS site, consequently this section of the code must be updated due to revisions or amendments.
8 C.F.R. § 103.6(c)(1) provides detailed information about how to post surety bonds, acceptable sureties, departure bonds, and a schedule of how much money the bond must be for. ***This section cross references USCIS Form: I-352, I-312, I-351, I-356, I-323, and I-391, but these form numbers appear out-of-date because these for numbers are no longer listed on the USCIS site, consequently this section of the code must be updated due to revisions or amendments.
8 C.F.R. § 213a provides information about affidavits of support on behalf of immigrants including:
8 C.F.R. § 212.4 provides procedural requirements for various grounds of inadmissibility.
22 C.F.R. § 40.41 applies to aliens who are at risk of becoming public charges providing for affidavits of support and posting bonds.
