On May 23, 2019, the President issued a Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens. The Administration is obligated to enforce existing immigration laws and protect the American taxpayer. According to this memorandum, all federal agencies must update and issue guidance and regulations to comply with current law and to ensure that ineligible immigrants do not receive federal means-tested benefits.
Most family-based and some employment-based immigrants must submit Form I-864, Affidavit of Support when they apply for status as a lawful permanent resident. The individual signing the affidavit of support, whether the sponsor or joint sponsor, agrees to accept legal responsibility for financially supporting the intending immigrant.
Over the next several months, federal agencies will develop and implement guidance related to the president memorandum to ensure that agencies enforce these requirements.
Specifically, USCIS is now required to remind a sponsor at the adjustment of status interview that the Form I-864 Affidavit of Support is a legally enforceable contract. The sponsor needs to understand and accept that by signing this contract he or she agrees to accept legal responsibility for financial support of the beneficiary. If the beneficiary collects any public benefits, the sponsor (or co-sponsor) will be required to reimburse any money received by this immigrant.
If you have questions on the Affidavit of Support or other green card related questions, be sure to contact our office to schedule a consultation with one of our attorneys today!