Suing for Support

[twiddledee 0]

Hello I was reading through some previous posts on the topic of being sued for support when a petitioner signs the I864.

 

This got me curious on the topic, and I started doing more research on it.  I have sponsored someone recently who is getting close to receiving a green card, and rough times did cause me to wonder what I could have gotten into if things go south.

Can any of the more experienced members give me some insight here.

 

So far I am coming up with only one real tragedy situation.  And that is if the Lawful Permanent Resident goes into a long term care facility aka via Medicaid.  The petitioner could then be sued by the government to collect those funds back.  It is not like someone is going to come here just to do that.

 

The other would be if the I864 is waived in court by a lawyer in a divorce....(Keeping off of that entire topic, and sticking to what the Government may sue for please)

 

I have also seen Tanf.  Temporary assistance for needy families, but that stipulates the LPR have a child which would of course needs to either be in country, or have a valid US SSN.

Food Stamps - SNAP Looks to me like is an average of The average SNAP benefit per person was about $126 per month.  Even if that happened and the government did collect it back that is not the end of the world by any means.

 

SSI looks like to me it will pay zero unless the LPR has a disability of some sorts(over 65, and/or blind) and it is not real easy to get approved for.

Even if the LPR does get approved they can't leave the country for more than 30 days or they will end up losing it.  They won't be able to fly back and forth to their home country(most likely) collecting SSI alone.  I do know that MANY people who come here for the wrong reasons think they will get this, but do they really know all the ins and outs...

 

I do understand about being sued to keep the LPR at a 125% poverty level, but my reading tells me that is going to be a long hard road for the LPR.  They would most likely run out of money well before the US citizen did in a drawn out legal battle.

 

What am I missing here?

 

[geowrian 22,337]

The government rarely sues for enforcement of the I-864, but it is something to keep in mind that they can do at any time.

Any means-tested benefits would be subject to repayment. A short list of these (and some programs not covered) are laid out here: https://www.uscis.gov/i-864p

 

5 minutes ago, twiddledee said:

I do understand about being sued to keep the LPR at a 125% poverty level, but my reading tells me that is going to be a long hard road for the LPR.  They would most likely run out of money well before the US citizen did in a drawn out legal battle.

Not likely IMHO...it's not the simplest of lawsuits, but there is a tried and true path for success in certain circumstances.

The LPR can also claim legal costs in their suit in this instance as well. So an attorney that gets paid only upon success is an option as well.

Edited September 27, 2018 by geowrian

[Boiler 45,571]

http://www.i-864.net/

 

WE ENFORCE THE FORM I-864, AFFIDAVIT OF SUPPORT.

This law firm was created for the sole purpose of representing immigrants in cases under the Form I-864, Affidavit of Support. When a foreign national immigrate to the U.S. through a family-based, her visa petitioner signs a legal contract to provide financial support. 

The immigrant's right to support under the I-864 is legally enforceable. If a sponsor refuses to fulfill his responsibility, the immigrant may sue in court. We work with I-864 beneficiaries to ensure they receive the support to which they are entitled.

Immigration Support Advocates is a registered trade name of Puget Sound Legal, P.C., a Washington State professional services corporation. 

 

No doubt there are others.