I-864A Household member divorcing

[Chancy 6,241]

2 minutes ago, SusieQQQ said:

So all in all it is much SAFER to get the revocation in before the interview, where there is no doubt and no risk of someone not being fast enough at the consulate. After all someone can get their visa and go directly to the airport if they want. 

 

Yes, definitely much safer to withdraw the affidavit before the interview.  The consulate would no longer have jurisdiction after the visa holder enters the US.

 

[nastra30 2,287]

1 hour ago, SusieQQQ said:

More importantly, I don’t believe CBP has the authority to make its own determination on public charge - They do have the authority

https://www.govinfo.gov/content/pkg/FR-2019-08-14/pdf/2019-17142.pdf

"This rule would potentially limit entries into the United States in that CBP officers would deny admission to aliens at the ports of entry on public charge grounds, but CBP is already responsible for administering the public charge ground of inadmissibility and we do not anticipate a meaningful change in the amount of time the determination would take. "

 

https://www.federalregister.gov/documents/2022/02/24/2022-03788/public-charge-ground-of-inadmissibility

"Once DOS issues the immigrant visa, the noncitizen typically can travel to the United States and apply for admission as an immigrant at a port of entry. CBP determines whether the applicant for admission as an immigrant is inadmissible under any ground, including section 212(a)(4) of the INA, 8 U.S.C. 1182(a)(4)."

 

https://fam.state.gov/fam/09fam/09fam030208.html#:~:text=(U) INA 212(a,is ineligible for a visa.

9 FAM 302.8-2  (U) PUBLIC CHARGE

9 FAM 302.8-2(A)  (U) Grounds

(CT:VISA-1593;   07-29-2022)

(U) INA 212(a)(4) provides that an applicant who, in your opinion, at the time of application for a visa, for admission, or adjustment of status, is likely at any time to become a public charge after admission to the United States is ineligible for a visa.

 

 

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I do however think if the person enters before the USEM revokes the sponsorship, the sponsorship will still go into effect, so not much of a loop hole. It's the sponsor who will be screwed so better for sponsor to pull sponsorship before visa is issued.

Edited October 28, 2022 by nastra30

[SusieQQQ 11,586]

53 minutes ago, nastra30 said:

https://www.govinfo.gov/content/pkg/FR-2019-08-14/pdf/2019-17142.pdf

"This rule would potentially limit entries into the United States in that CBP officers would deny admission to aliens at the ports of entry on public charge grounds, but CBP is already responsible for administering the public charge ground of inadmissibility and we do not anticipate a meaningful change in the amount of time the determination would take. "

 

https://www.federalregister.gov/documents/2022/02/24/2022-03788/public-charge-ground-of-inadmissibility

"Once DOS issues the immigrant visa, the noncitizen typically can travel to the United States and apply for admission as an immigrant at a port of entry. CBP determines whether the applicant for admission as an immigrant is inadmissible under any ground, including section 212(a)(4) of the INA, 8 U.S.C. 1182(a)(4)."

 

https://fam.state.gov/fam/09fam/09fam030208.html#:~:text=(U) INA 212(a,is ineligible for a visa.

9 FAM 302.8-2  (U) PUBLIC CHARGE

9 FAM 302.8-2(A)  (U) Grounds

(CT:VISA-1593;   07-29-2022)

(U) INA 212(a)(4) provides that an applicant who, in your opinion, at the time of application for a visa, for admission, or adjustment of status, is likely at any time to become a public charge after admission to the United States is ineligible for a visa.

 

 

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I do however think if the person enters before the USEM revokes the sponsorship, the sponsorship will still go into effect, so not much of a loop hole. It's the sponsor who will be screwed so better for sponsor to pull sponsorship before visa is issued.

I have heard of exactly one ever case where CBP has refused someone entry on an immigrant visa, and that was someone with a felony criminal record trying to cross by land from Canada (CBP were subsequently instructed to let them enter by embassy after being assured the criminal history had been dealt with in the visa process).  So would love to see any actual example of CBP doing this on public charge grounds. Tell me, when you entered with your immigrant packet, did CBP do anything other than a cursory look at your documents to check everything was there? 
 

Glad we all agree it is better not to wait till after the visa is issued.
 

 

Edited October 28, 2022 by SusieQQQ

[nastra30 2,287]

3 hours ago, SusieQQQ said:

I have heard of exactly one ever case where CBP has refused someone entry on an immigrant visa, and that was someone with a felony criminal record trying to cross by land from Canada (CBP were subsequently instructed to let them enter by embassy after being assured the criminal history had been dealt with in the visa process).  So would love to see any actual example of CBP doing this on public charge grounds. Tell me, when you entered with your immigrant packet, did CBP do anything other than a cursory look at your documents to check everything was there? 
 

Glad we all agree it is better not to wait till after the visa is issued.
 

 

Well. They do have the authority as I have referenced.

In the same token, I have heard of zero cases where the govt has actually asked anyone to pay up or put in jail because they signed an I-864 affidavit of support. Can you name any case? There is none but that doesn't mean they can't.

Or I have no cases where a LPR was persecuted for not updating their address with USCIS when they moved even though the law requires them to. Do you know of any cases?

Edited October 28, 2022 by nastra30

[nastra30 2,287]

8 minutes ago, nastra30 said:

 

Glad we all agree it is better not to wait till after the visa is issued

Yup, that's why I already asked op to contact the embassy immediately and pull his I-866A.

[SusieQQQ 11,586]

4 hours ago, nastra30 said:

Well. They do have the authority as I have referenced.

In the same token, I have heard of zero cases where the govt has actually asked anyone to pay up or put in jail because they signed an I-864 affidavit of support. Can you name any case? There is none but that doesn't mean they can't.

Or I have no cases where a LPR was persecuted for not updating their address with USCIS when they moved even though the law requires them to. Do you know of any cases?

There have been a few posters on VJ who have been held liable under i864. 

[RICHARD RILEY 0]

Thanks for all the input guys and I was able to contact someone working in that department at USCIS and according to them my signature makes it a legally binding document with no other option. 

[nastra30 2,287]

1 hour ago, SusieQQQ said:

There have been a few posters on VJ who have been held liable under i864. 

Those are private lawsuits mostly by beneficiary suing sponsors. But has the US govt sued sponsors?

 

Edited October 28, 2022 by nastra30

[Mike E 11,739]

16 minutes ago, RICHARD RILEY said:

Thanks for all the input guys and I was able to contact someone working in that department at USCIS and according to them my signature makes it a legally binding document with no other option. 

You have the option to withdraw. 
 

Why haven’t  you done that?

 

A timely withdrawal, backed with evidence you did withdraw, makes it difficult to impossible for the beneficiary or the government to enforce it.  If you don’t believe me, hire an immigration attorney to draft the withdraw letter for you and to deliver it to the State department.  

[nastra30 2,287]

26 minutes ago, RICHARD RILEY said:

Thanks for all the input guys and I was able to contact someone working in that department at USCIS and according to them my signature makes it a legally binding document with no other option. 

You need to contact the USEM and withdraw it now. It's not legally binding yet until the person becomes a LPR.

[Mike E 11,739]

https://www.govinfo.gov/content/pkg/CFR-2011-title8-vol1/pdf/CFR-2011-title8-vol1-sec213a-2.pdf
 

f) Withdrawal of Form I–864 or Form I– 864A. (1) In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I–864 or Form I–864A to a Department of State officer, the spon- sor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member if he or she does so in writing and submits the document to the Department of State officer be- fore the actual issuance of an immi- grant visa to the intending immigrant. Once the intending immigrant has ob- tained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot disavow his or her agreement to act as a sponsor, joint sponsor, or household member un- less the person or entity who filed the visa petition withdraws the visa peti- tion in writing, as specified in 8 CFR 205.1(a)(3)(i)(A) or 8 CFR 205.1(a)(3)(iii)(C), and also notifies the Department of State officer who issued the visa of the withdrawal of the peti- tion.

[Mike E 11,739]

So my read is that once the visa is issued, the person who signed I-864A cannot withdraw. 
 

Tick tock

[nastra30 2,287]

9 minutes ago, Mike E said:

So my read is that once the visa is issued, the person who signed I-864A cannot withdraw. 
 

Tick tock

Not based on new policies. The one you've reference is based on 2011. 
 

Hellooo. Newer policies referenced here:

 

Edited October 28, 2022 by nastra30

[nastra30 2,287]

There has been a few legal precedents that have been set precisely on the debate we are having on affidavit of support commencement and/or obligations. And the govt keeps tinkering with the language precisely due to these legal precedents.
https://www.soundimmigration.com/suing-on-the-affidavit-if-support-part-1/

If you read through the precedents you'll see precisely why the govt eventually added language that the intending immigrant being granted LPR is a condition precedent.

Edited October 28, 2022 by nastra30

[Chancy 6,241]

45 minutes ago, RICHARD RILEY said:

I was able to contact someone working in that department at USCIS and according to them my signature makes it a legally binding document with no other option.

 

You were misinformed.  You still have time to withdraw your I-864A.  The applicant is not an LPR yet, so the I-864A is not yet in effect.  Also, you signed an I-864A for someone who is applying for a visa from abroad, not applying for a green card inside the US, so it is the consulate in Manila that has jurisdiction over the case right now, not USCIS.  Withdraw your I-864A ASAP by contacting the IV unit at the US embassy in Manila via their public inquiry form here (select topic "Visa Processing") -- https://ph.usembassy.gov/visas/immigrant-visa-inquiry-form/