Paul, a US citizen, filed a petition for an immigrant visa on behalf of Manuel, his only brother in the Philippines. After waiting for more than 20 years for a visa to become available, Manuel finally received his “checklist” to start his visa processing.
Unfortunately, Paul is unemployed. He was terminated from his job three years ago and has not found another job. With the visa of Manuel about to be processed, he knows that he needs to submit an Affidavit of Support as part of the visa application. He asked his cousin to be a co-sponsor but she was hesitant to be a “cosponsor” because of reports that serious legal consequences could arise from signing an Affidavit of Support. Manuel, who is now a senior citizen, could end up relying on welfare upon his arrival in the US because of the current state of the economy.
Paul himself is on public welfare. But after waiting for two decades, Paul is excited to be reunited with his brother despite his financial difficulties. What will happen to the application for immigrant visa of Manuel?
Mandatory requirement
Generally, a family-based immigrant visa will not be issued if there is no Affidavit of Support executed by the petitioner or a cosponsor.
The petitioner must demonstrate that she or he can support the immigrant at an annual income that is not less than 125 percent of the federal poverty line. The poverty guidelines may be found on US Citizenship and Immigration Service Form I-864P.
In the case of Paul, he lives with his wife and is considered to have two family members. If he is to include the person being petitioned, he is considered to have three family members. The 2011 guidelines indicate that for a family of three, the poverty income guideline is $18,530 and 125 percent of that is $23,162. Since Paul has no income, he has to find a co-sponsor who has sufficient income and who is willing to co-sponsor.
Cosponsorship problems
When economic times were better, finding a cosponsor was not as difficult. These days prospective cosponsors are hesitant to execute Affidavits of Support. Among the reasons is that these affidavits are considered contracts between the sponsor and the federal government. If the sponsored immigrant becomes a public charge or receives federal, state or local welfare, the government could sue the sponsoring family member and the cosponsor for reimbursement.
There is also a provision in the law that makes Affidavits of Support enforceable through lawsuits filed by the sponsored immigrant. This may sound strange, but there are cases filed by the sponsored immigrant against their petitioners. An example of this is in marriage cases where the sponsored immigrant separates and files for divorce. If the petitioner spouse refuses to provide support for the sponsored spouse, a case of enforcement of contract may be filed against the sponsor. This lawsuit is based on petitioner’s obligation, which remains in full force and effect based on the signed Affidavit of Support.
Lifelong commitment
There are only five ways that a sponsor’s obligation of support may be terminated: (1) the sponsored immigrant becomes a naturalized citizen; (2) the sponsored immigrant works for 40 Social Security quarters (or, in the case of a married immigrant, his or her spouse works for 40 Social Security quarters while they are married); (3) the sponsored immigrant relinquishes permanent resident status and leaves the country; (4) the sponsored immigrant obtains new status in a removal proceeding; or (5) the sponsored immigrant dies.
One would notice that all these five ways are circumstances beyond the control of the sponsor. What if the sponsored immigrant refuses to naturalize? What if the sponsored immigrant finds it difficult to find a job? The sponsor may face a lifelong commitment to the sponsored immigrant.
Despite the legal consequences of a signed affidavit,many Filipino families exhibit strong determination to reunite with their relatives. Many are still pulling resources to put together Affidavits of Support for a successful immigrant visa processing. Indeed, family unity among Filipino immigrants remains a top priority and it is the family that enables them to sustain the many challenges of the times.
(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)