12. What is the Contract Between Sponsor and Household Member, Form I-864A?


The Contract Between Sponsor and Household Member, Form I-864A, is a contract between the sponsor and anyone qualifying as a household member or dependent of the sponsor who agrees to make his or her income and/or assets available for the support of the immigrants being sponsored in the affidavit of support. By signing this form, household members agree to be jointly responsible with the sponsor to reimburse the costs of any means-tested public benefits used by the sponsored immigrants.

1. How will the affidavit of support be enforced?


Agencies that provide means-tested public benefits to sponsored immigrants will be able to request reimbursement from sponsors for the amount of benefits that they provide and sue them if they do not repay. INS will provide information to benefit providing agencies on the names and addresses of sponsors; these agencies, not INS,

will be involved in the enforcement of affidavits of support. If sponsors do not

provide basic support to the immigrants they bring to the United States, the sponsored immigrants may sue their sponsors.


2. Can INS verify sponsorship information for benefit agencies?


Yes, INS currently provides certain benefit agencies with information that sponsors provided on the original affidavit of support. INS will have automated information on the name and address of sponsors and will make this information available to benefit agencies.


3. What is deeming?


If a sponsored immigrant applies for a means-tested public benefit, that agency will consider or "deem" the sponsor's income and resources as well as the income and resources of the sponsor's current spouse to be available to the sponsored immigrant in determining the eligibility of that sponsored immigrant for benefits. Deeming of the sponsor's income usually will make the sponsored immigrant ineligible for means-tested public benefits.


4. How does the legislation change deeming requirements?


Under previous law, deeming of sponsor's income applied only to AFDC, food stamps, and SSI. This process applied for 3 years for AFDC and food stamps and for 5 years for SSI. The new law applies deeming requirements to most Federal means-tested programs until citizenship or until the sponsored immigrant has worked or can be credited with 40 qualifying quarters of work. Once the new affidavit of support is in use, States may also choose to apply deeming requirements to their State means-tested public benefit programs.


5. Do agencies have to implement deeming right away?


The new deeming requirements apply only to immigrants whose sponsors sign new affidavits of support (Form I-864). Therefore, no new deeming will occur until December 19, 1997. However, since most immigrants who enter the United States after August 22, 1996, are barred from receiving Federal means-tested public benefits for their first 5 years in the United States, there will be no new deeming for Federal means-tested public benefits for approximately 5 years, with one exception. Deeming for Federal means-tested programs may take place sooner for aliens who are veterans, active duty servicemen, or their families since they are not barred from receiving these benefits. States may choose to deem sponsor income and resources in determining eligibility for their programs for immigrants sponsored under the new affidavit of support. Deeming could begin to occur very soon in those States which do not bar access of immigrants to their means-tested public benefits.

Hello - Does anyone have specific information on what exactly a sponsor commits to in signing an affadavit of support? Is it simply that they would be responsible for supporting the immigrant, instead of the immigrant receiving welfare? Or does it go further: for example, the immigrant gets sued (for a car accident, or anything) -- would the co-sponsor have to pay up if the immigrant couldn't? Thanks, Marcy

Enforceability of Affidavits
Under the 1996 law, the I-864 affidavit of support is a legally enforceable contract between the sponsor and the federal government. The intended beneficiaries are the sponsored immigrant and any federal, state or local government agency or private entity that provides a means-tested benefit to the immigrant. Any of the intended beneficiaries can sue the sponsor. Sponsored immigrants can sue to force the sponsor to maintain them at least at 125 percent of the federal poverty level. Moreover, should the immigrant ever obtain a means-tested benefit, the agency or entity that provided that benefit can sue the sponsor for reimbursement. INA Û 213A(e), 8 U.S.C. Û 1183a(e); 8 C.F.R. Û 213a.2(d).
For example, if the sponsored immigrant has received Supplemental Security Income (SSI) benefits based on age or disability, the federal government can ask the sponsor to reimburse the full amount of the monthly benefit. Or if Medicaid covered a sponsored immigrant's hospital bill, both the state and federal governments can sue to collect reimbursement of their respective share of the costs. Faced with the prospect of such costs, a lot of otherwise faithful relatives may balk at signing the new affidavit of support form.
Under the new law, sponsors have to commit to supporting the sponsored immigrant until the immigrant has: (1) become a naturalized U.S. citizen; (2) worked at least 10 years in this country; (3) left the United States permanently; or (4) died. INA Û 213A(a)(2), (3), 8 U.S.C. Û 1183a(a)(2), (3); 8 C.F.R. Û 213a.2(e). A divorce does not nullify the sponsorship agreement. Thus, a spouse who sponsors an immigrant remains liable to support his or her spouse at 125 percent of the federal poverty level even if they get divorced, until one of the four conditions listed above occurs.