The Affidavit of Support – Should you sign an Affidavit of Support?

If you will recall, we have been talking about the Affidavit of Support that is required whenever a person immigrates based on his relationship to a U.S. citizen or lawful permanent resident.    A sponsor (discussed several weeks ago) needs to establish that he can keep the immigrant off welfare.  As stated earlier in this series, this is a very serious and long-reaching commitment which could last years.  Should you sign such a commitment?

It really is a personal question for each person.   When I am asked, I tell the inquirer that it is a serious commitment and could open them to serious liability.   However, I also tell them that each of my clients have always been able to find someone who is willing to sign.   The immigrant cannot come unless someone will sign for them.

The bottom line comes down to two or three questions.  The first is, how important is it to them that the person comes?  It is not a good idea to open yourself up to liability in regard to something that is not important to you.   The second question is how much do you trust the character of the immigrant?   Do you believe that the immigrant is going to come here and do their best to stay off welfare?   I know of cases—none of them my clients—where an immigrant came here and used the sponsor and the affidavit of support as a way of living here and getting free money.   You need to be confident that the immigrant is worthy of your trust.  Finally, there are such things as medical emergencies that could possibly result in the sponsor being responsible.   Are you willing to take that risk if the immigrant can’t get insurance?  What if you know the immigrant is in poor health and will need medical treatment?    I know of no cases where a sponsor was made responsible for medical treatment, but it is possible.   You need to assess your potential liability and your willingness to possibly be held liable.

In short, it is a difficult decision.   You need to be confident that you have thought it through carefully, that bringing this immigrant here is important to you and that you are willing to take the risks involved.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

 

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