What does the Affidavit of Support require?

[mox 298]

I tend to think that any pre-arranged network in place for "Olga" is set up as a safety net in case she finds herself in an intolerable situation. The groups I have heard of have a far less sinister side to them than the one you paint.

This is actually the reality. I'm sure this is true of most ethnic communities, but Russians do take care of their own. I have a sneaking suspicion this is how our lady managed to find her way into Canada in the other thread (more "rescued" than shadowy underworld plot device), but that too is speculation. In any case I'll ask again if we could refrain from the term "Russian bride" and its variants. It really is just this side of an ethnic slur and I think we're all better than that.

I'd also like to thank all the participants in this thread. I know my role has been as an aggravator, but the discussion is both fascinating and enlightening. Thank you all.

[mawilson 2,133]

If the agency themself is unaware, that may explain why the affidavit is rarely enforced. The agencies don't realize they have a means to recover.

My point exactly. Affidavits are for people, not for agencies. Most agencies wouldn't know their #######

from their elbow, much less how to subpoena an Affidavit.

[diadromous mermaid 36]

Why wouldn't the agency know there is an Affidavit? If an alien approaches an agency for assistance there is an application process to determine eligibility. The fact that the person is an alien and the fact that the alien is sponsored is unearthed during that process.

If the alien doesn't declare who the sponsor is, you can very well bet that the agency and USCIS do communicate. In fact, the final rule states that, if the sponsored immigrant applies for public benefits, USCIS may disclose the sponsor’s social security number and last-known address to a benefit-granting agency.

[mawilson 2,133]

Why wouldn't the agency know there is an Affidavit? If an alien approaches an agency for assistance there is an application process to determine eligibility. The fact that the person is an alien and the fact that the alien is sponsored is unearthed during that process.

If the alien doesn't declare who the sponsor is, you can very well bet that the agency and USCIS do communicate. In fact, the final rule states that, if the sponsored immigrant applies for public benefits, USCIS may disclose the sponsor’s social security number and last-known address to a benefit-granting agency.

In theory. In reality, anyone can apply for benefits - there's no "registry of citizens" and no easy

way to determine that a person with SSN 123-45-6789 is an alien and not a U.S. citizen.

[rebeccajo 14]

Why wouldn't the agency know there is an Affidavit? If an alien approaches an agency for assistance there is an application process to determine eligibility. The fact that the person is an alien and the fact that the alien is sponsored is unearthed during that process.

If the alien doesn't declare who the sponsor is, you can very well bet that the agency and USCIS do communicate. In fact, the final rule states that, if the sponsored immigrant applies for public benefits, USCIS may disclose the sponsor’s social security number and last-known address to a benefit-granting agency.

In theory. In reality, anyone can apply for benefits - there's no "registry of citizens" and no easy

way to determine that a person with SSN 123-45-6789 is an alien and not a U.S. citizen.

I wanted to say to you what Mermaid has here (which she does more eloquently than I ever could - but I digress), however I don't have particular agency experience or any links to back up the argument. So I didn't write down my thoughts. I will now though.

In some of my 'googling' about the affidavit, I've come across numerous 'hits' which were directives from Human Services Department manuals for several different states. Because the links weren't what I was particularly researching at the time, I didn't bookmark them. However, those links were specific instructions to caseworkers on how to process applications for an immigrant.

[zqt3344 21]

Good one! AHHA

Section 213A(a)(1)(B) of the Act

expressly says the sponsored immigrant

must be able to seek to enforce the

affidavit of support. Congress clearly

intended to permit the sponsored

immigrant to sue to enforce the support

obligation, if necessary.

Here's where the court got TOO active...the issue is WHAT support obligation? The answer is...MEANS-TESTED BENEFITS! The court in Stump read too much into it, and it is subject to such an interpretation (given that you also interpret the language that way). But...that is an overly expansive way of interpreting the regulation. Stump can and will be challenged. The sponsor is on the hook to support the immigrant...but that's not the end...FOR MEANS-TESTED BENEFITS, which is the overall and general subject of the affidavit of support. See how that works? That is appropriate legislative analysis...not to EXPAND the statute, but to limit its meaning. There is where the court erred.

That's my analysis, anyway, and I am confident in its application.

"Isn't this whole Affidavit business a load of bollocks anyway?"

You could say that, but it is a big cloud hovering over the citizen. The agency providing "means-tested" public benefits (that involve mandatory, not discretionary, funding) takes down the immigrant's information, visa number, passport, and other information like that, and if there's a way to grab onto someone to reimburse the government, it'll come back and bite the citizen more times than not. Plus, as in the Stump case, the immigrant paraded it around as a basis for an award.

ASIDE FOR MOX: If you read the Stump case...I'll give you THREE guesses as to where the wife was from...and the first 2 don't count. Her name was OLGA.

[zqt3344 21]

Oh really, that is interesting, what groups would that be? Kind of eye opening that they exist for the sole purpose of these immigrants, which does give Tito some credence in what he/she has been trying to express, then again it is only an opinion kind of like my A _ _ which we all have one like Mox says!

That's a scary scenario...but when I talk to colleagues about the effect of the declaration of support, they are universally of the view that it doesn't mean squat unless the alien is destitute and on the street. And this ought to be a bee in someone's bonnet, but that's where the lawyers in the network of Russian brides are so effective...it's all set up in advance...the shelter, the social worker, everything. THEN Olga, who created an appearance not only of abuse, but also of destitution, goes and gets the court order, and here we are with poor Mr. Stump holding his bag after wife hit the street and landed safely somewhere else.

It could go any which way, and it would be up to how the case would be argued, and how the judge reads it.

I tend to think that any pre-arranged network in place for "Olga" is set up as a safety net in case she finds herself in an intolerable situation. The groups I have heard of have a far less sinister side to them than the one you paint.