Kind of OT: Affadavit of Support
Feb 21st 2001, 1:21 pm
#1
Guest
Posts: n/a
I signed an affadavit and took it kind of seriously, after all, you're agreeing that you
are responsible for that person (regardless I suppose of what might happen in your
marriage) why isn't the affadavit of support enforced? I work for a welfare office, we
have people who walk in the door and apply for assistance only months after getting their
status adjusted. Can't the affadavit be enforced? Don't the people who have been
abandoned by their sponsor have any recourse? Or is it just merely paperwork that doesn't
mean anything?
are responsible for that person (regardless I suppose of what might happen in your
marriage) why isn't the affadavit of support enforced? I work for a welfare office, we
have people who walk in the door and apply for assistance only months after getting their
status adjusted. Can't the affadavit be enforced? Don't the people who have been
abandoned by their sponsor have any recourse? Or is it just merely paperwork that doesn't
mean anything?
Feb 21st 2001, 3:17 pm
#2
Guest
Posts: n/a
Are you saying that the rules make you unable to deny them benefits?
Paulgani
> I signed an affadavit and took it kind of seriously, after all, you're agreeing that you
> are responsible for that person (regardless I suppose of what might happen in your
> marriage) why isn't the affadavit of support enforced? I work for a welfare office, we
> have people who walk in the door and apply for assistance only months after getting
> their status adjusted. Can't the affadavit be enforced? Don't the people who have been
> abandoned by their sponsor have any recourse? Or is it just merely paperwork that
> doesn't mean anything?
Paulgani
> I signed an affadavit and took it kind of seriously, after all, you're agreeing that you
> are responsible for that person (regardless I suppose of what might happen in your
> marriage) why isn't the affadavit of support enforced? I work for a welfare office, we
> have people who walk in the door and apply for assistance only months after getting
> their status adjusted. Can't the affadavit be enforced? Don't the people who have been
> abandoned by their sponsor have any recourse? Or is it just merely paperwork that
> doesn't mean anything?
Feb 21st 2001, 4:15 pm
#3
Guest
Posts: n/a
Currently we cannot deny cash benefits to permanent residents. They are not eligible for
food stamps and in some cases for medicaid, but that has nothing to do with the support
affadavit, federal law now denies Food stamps to anyone who is not a citizen who does not
have 40 quarters of employment, unless they meet certain other criteria such as having
entered as a refugee.
In most cases it is not spouses but parents and siblings of current residents, they arrive
in the US via sponsorship of their relative and then as soon as they are here they apply
for public benefits, despite the relative stating they would support that person upon
their arrival in the states.
> Are you saying that the rules make you unable to deny them benefits?
>
> Paulgani
>
> > I signed an affadavit and took it kind of seriously, after all, you're agreeing that
> > you are responsible for that person (regardless I suppose
of
> > what might happen in your marriage) why isn't the affadavit of support enforced? I
> > work for a welfare office, we have people who walk in the door and
apply
> > for assistance only months after getting their status adjusted. Can't
the
> > affadavit be enforced? Don't the people who have been abandoned by their sponsor have
> > any recourse? Or is it just merely paperwork that doesn't mean anything?
> >
> >
food stamps and in some cases for medicaid, but that has nothing to do with the support
affadavit, federal law now denies Food stamps to anyone who is not a citizen who does not
have 40 quarters of employment, unless they meet certain other criteria such as having
entered as a refugee.
In most cases it is not spouses but parents and siblings of current residents, they arrive
in the US via sponsorship of their relative and then as soon as they are here they apply
for public benefits, despite the relative stating they would support that person upon
their arrival in the states.
> Are you saying that the rules make you unable to deny them benefits?
>
> Paulgani
>
> > I signed an affadavit and took it kind of seriously, after all, you're agreeing that
> > you are responsible for that person (regardless I suppose
of
> > what might happen in your marriage) why isn't the affadavit of support enforced? I
> > work for a welfare office, we have people who walk in the door and
apply
> > for assistance only months after getting their status adjusted. Can't
the
> > affadavit be enforced? Don't the people who have been abandoned by their sponsor have
> > any recourse? Or is it just merely paperwork that doesn't mean anything?
> >
> >
Feb 21st 2001, 6:48 pm
#4
Guest
Posts: n/a
wendy wrote:
> Currently we cannot deny cash benefits to permanent residents. They are not eligible for
> food stamps and in some cases for medicaid, but that has nothing to do with the support
> affadavit, federal law now denies Food stamps to anyone who is not a citizen who does
> not have 40 quarters of employment, unless they meet certain other criteria such as
> having entered as a refugee. In most cases it is not spouses but parents and siblings of
> current residents, they arrive in the US via sponsorship of their relative and then as
> soon as they are here they apply for public benefits, despite the relative stating they
> would support that person upon their arrival in the states.
>
I suspect that this is a foible of your state law and not federal law...the state
legislature should be made aware of this. alvena
> Currently we cannot deny cash benefits to permanent residents. They are not eligible for
> food stamps and in some cases for medicaid, but that has nothing to do with the support
> affadavit, federal law now denies Food stamps to anyone who is not a citizen who does
> not have 40 quarters of employment, unless they meet certain other criteria such as
> having entered as a refugee. In most cases it is not spouses but parents and siblings of
> current residents, they arrive in the US via sponsorship of their relative and then as
> soon as they are here they apply for public benefits, despite the relative stating they
> would support that person upon their arrival in the states.
>
I suspect that this is a foible of your state law and not federal law...the state
legislature should be made aware of this. alvena
Feb 21st 2001, 6:49 pm
#5
Guest
Posts: n/a
wendy wrote:
> Currently we cannot deny cash benefits to permanent residents. They are not eligible for
> food stamps and in some cases for medicaid, but that has nothing to do with the support
> affadavit, federal law now denies Food stamps to anyone who is not a citizen who does
> not have 40 quarters of employment, unless they meet certain other criteria such as
> having entered as a refugee. In most cases it is not spouses but parents and siblings of
> current residents, they arrive in the US via sponsorship of their relative and then as
> soon as they are here they apply for public benefits, despite the relative stating they
> would support that person upon their arrival in the states.
>
What you need is a state law that will not allow them to draw the benefits unless they
produce the affidavit of support...and then you BILL the sponsor for the amount that you
give them....problem solved. alvena
> Currently we cannot deny cash benefits to permanent residents. They are not eligible for
> food stamps and in some cases for medicaid, but that has nothing to do with the support
> affadavit, federal law now denies Food stamps to anyone who is not a citizen who does
> not have 40 quarters of employment, unless they meet certain other criteria such as
> having entered as a refugee. In most cases it is not spouses but parents and siblings of
> current residents, they arrive in the US via sponsorship of their relative and then as
> soon as they are here they apply for public benefits, despite the relative stating they
> would support that person upon their arrival in the states.
>
What you need is a state law that will not allow them to draw the benefits unless they
produce the affidavit of support...and then you BILL the sponsor for the amount that you
give them....problem solved. alvena
Feb 21st 2001, 8:00 pm
#6
Guest
Posts: n/a
According to this:
Most immigrants who are sponsored under the new Affidavit of Support will be barred
from federal means-tested public benefit programs for 5 years. To date, federal
agencies have announced the following four programs as means-tested public benefits:
Food Stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance
to Needy Families (TANF.) After the 5 years, immigrants will be able to apply for
benefits. However, federal and state public benefit granting agencies will be able to
count sponsor income as part of the immigrant's income in determining whether the
immigrant is eligible to receive public benefits. This action is called "deeming."
"Deeming" will make most immigrants sponsored under the new affidavit of support
ineligible for means-tested public benefits.
Federal and state agencies that provide public means-tested benefits will be
responsible for enforcing the Affidavits of Support. Upon request, INS will provide
to these benefit providing agencies the names and addresses of sponsors. The benefit
agencies, in turn, may take legal action against sponsors under the new Affidavit of
Support provisions. If sponsors do not provide basic support to new immigrants, they
may be sued by the sponsored immigrants and by the agencies for the amount of
benefits provided to sponsored immigrants.
It appears that you should be able to deny benefits based on the "deeming" provisions.
Paulgani
> Currently we cannot deny cash benefits to permanent residents. They are
not
> eligible for food stamps and in some cases for medicaid, but that has nothing to do with
> the support affadavit, federal law now denies Food
stamps
> to anyone who is not a citizen who does not have 40 quarters of
employment,
> unless they meet certain other criteria such as having entered as a
refugee.
>
> In most cases it is not spouses but parents and siblings of current residents, they
> arrive in the US via sponsorship of their relative and
then
> as soon as they are here they apply for public benefits, despite the relative stating
> they would support that person upon their arrival in the states.
>
>
> > Are you saying that the rules make you unable to deny them benefits?
> >
> > Paulgani
> >
> > > I signed an affadavit and took it kind of seriously, after all, you're agreeing that
> > > you are responsible for that person (regardless I
suppose
> of
> > > what might happen in your marriage) why isn't the affadavit of support enforced? I
> > > work for a welfare office, we have people who walk in the door and
> apply
> > > for assistance only months after getting their status adjusted. Can't
> the
> > > affadavit be enforced? Don't the people who have been abandoned by
their
> > > sponsor have any recourse? Or is it just merely paperwork that doesn't mean
> > > anything?
> > >
> > >
> >
> >
Most immigrants who are sponsored under the new Affidavit of Support will be barred
from federal means-tested public benefit programs for 5 years. To date, federal
agencies have announced the following four programs as means-tested public benefits:
Food Stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance
to Needy Families (TANF.) After the 5 years, immigrants will be able to apply for
benefits. However, federal and state public benefit granting agencies will be able to
count sponsor income as part of the immigrant's income in determining whether the
immigrant is eligible to receive public benefits. This action is called "deeming."
"Deeming" will make most immigrants sponsored under the new affidavit of support
ineligible for means-tested public benefits.
Federal and state agencies that provide public means-tested benefits will be
responsible for enforcing the Affidavits of Support. Upon request, INS will provide
to these benefit providing agencies the names and addresses of sponsors. The benefit
agencies, in turn, may take legal action against sponsors under the new Affidavit of
Support provisions. If sponsors do not provide basic support to new immigrants, they
may be sued by the sponsored immigrants and by the agencies for the amount of
benefits provided to sponsored immigrants.
It appears that you should be able to deny benefits based on the "deeming" provisions.
Paulgani
> Currently we cannot deny cash benefits to permanent residents. They are
not
> eligible for food stamps and in some cases for medicaid, but that has nothing to do with
> the support affadavit, federal law now denies Food
stamps
> to anyone who is not a citizen who does not have 40 quarters of
employment,
> unless they meet certain other criteria such as having entered as a
refugee.
>
> In most cases it is not spouses but parents and siblings of current residents, they
> arrive in the US via sponsorship of their relative and
then
> as soon as they are here they apply for public benefits, despite the relative stating
> they would support that person upon their arrival in the states.
>
>
> > Are you saying that the rules make you unable to deny them benefits?
> >
> > Paulgani
> >
> > > I signed an affadavit and took it kind of seriously, after all, you're agreeing that
> > > you are responsible for that person (regardless I
suppose
> of
> > > what might happen in your marriage) why isn't the affadavit of support enforced? I
> > > work for a welfare office, we have people who walk in the door and
> apply
> > > for assistance only months after getting their status adjusted. Can't
> the
> > > affadavit be enforced? Don't the people who have been abandoned by
their
> > > sponsor have any recourse? Or is it just merely paperwork that doesn't mean
> > > anything?
> > >
> > >
> >
> >
Feb 21st 2001, 10:40 pm
#7
Guest
Posts: n/a
<<snip>>
>
> In most cases it is not spouses but parents and siblings of current residents, they
> arrive in the US via sponsorship of their relative and
then
> as soon as they are here they apply for public benefits, despite the
Many of these immigrants may have been IN LINE waiting to get in for years. The I-864
affidavit came into existence only after the 1996 immigration reform. I would suspect
that these public assistance receipients must not have sponsors with a I-864 contract
with the Feds. If this is so, it is perfectly fair that these persons receive public
assistance. Remember that when the chinese exclusion policy of immigration was in
effect, we had a pretty much open border to the europeans from the west ( slavs were
considered feeble-minded ) and people can arrive, get deloused and go to the welfare
office right away.
Times are achanging as we evolve.
> relative stating they would support that person upon their arrival in the states.
>
>
> > Are you saying that the rules make you unable to deny them benefits?
> >
> > Paulgani
> >
> > > I signed an affadavit and took it kind of seriously, after all, you're agreeing that
> > > you are responsible for that person (regardless I
suppose
> of
> > > what might happen in your marriage) why isn't the affadavit of support enforced? I
> > > work for a welfare office, we have people who walk in the door and
> apply
> > > for assistance only months after getting their status adjusted. Can't
> the
> > > affadavit be enforced? Don't the people who have been abandoned by
their
> > > sponsor have any recourse? Or is it just merely paperwork that doesn't mean
> > > anything?
> > >
> > >
> >
> >
>
> In most cases it is not spouses but parents and siblings of current residents, they
> arrive in the US via sponsorship of their relative and
then
> as soon as they are here they apply for public benefits, despite the
Many of these immigrants may have been IN LINE waiting to get in for years. The I-864
affidavit came into existence only after the 1996 immigration reform. I would suspect
that these public assistance receipients must not have sponsors with a I-864 contract
with the Feds. If this is so, it is perfectly fair that these persons receive public
assistance. Remember that when the chinese exclusion policy of immigration was in
effect, we had a pretty much open border to the europeans from the west ( slavs were
considered feeble-minded ) and people can arrive, get deloused and go to the welfare
office right away.
Times are achanging as we evolve.
> relative stating they would support that person upon their arrival in the states.
>
>
> > Are you saying that the rules make you unable to deny them benefits?
> >
> > Paulgani
> >
> > > I signed an affadavit and took it kind of seriously, after all, you're agreeing that
> > > you are responsible for that person (regardless I
suppose
> of
> > > what might happen in your marriage) why isn't the affadavit of support enforced? I
> > > work for a welfare office, we have people who walk in the door and
> apply
> > > for assistance only months after getting their status adjusted. Can't
> the
> > > affadavit be enforced? Don't the people who have been abandoned by
their
> > > sponsor have any recourse? Or is it just merely paperwork that doesn't mean
> > > anything?
> > >
> > >
> >
> >
Feb 22nd 2001, 12:03 pm
#8
Guest
Posts: n/a
Very few types of support are actually off limits. Perhaps the support you see them
getting is not deemable. The INS is very clear what types of support can still be had even
though they are permanent residents who have had an I-864 filled out for them.
See here, because it sounds like the whole group is confused about what types of support
are acceptable for those who have had an affidavit of support filed for them. Very, very
few types of support are unacceptable.
All these are ACCEPTABLE!
http://149.101.23.2/graphics/publica...public_cfs.htm "Benefits Not Subject
to Public Charge Consideration
Non-cash benefits and special-purpose cash benefits that are not intended for income
maintenance are not subject to public charge consideration. Such benefits include:
Medicaid, Children's Health Insurance Program (CHIP), Food Stamps, the Special
Supplemental Nutrition Program for Women, Infants and Children (WIC), immunizations,
prenatal care, testing and treatment of communicable diseases, emergency medical
assistance, emergency disaster relief, nutrition programs, housing assistance, energy
assistance, child care services, foster care and adoption assistance, transportation
vouchers, educational assistance, job training programs, and non-cash benefits funded
under the TANF program. "
There are only two types of AID that would cause a person to violate the I-864...
"Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for
Needy Families (TANF) program and State or local cash assistance programs for income
maintenance, often called "General Assistance" programs. "
So, I would suggest that you stop worrying about what others do, especially if you don't
know the rules anyway. Of course, I would also suggest that you read the official source
and ignore the responses you have had so far as they have missed their mark.
Take care,
--
Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
http://clik.to/getk1 K-1 & Adjustment of Status Links Page http://clik.to/K1andAOSLinks
Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's Fiance Visa Page
http://www2.apex.net/users/thehydes/ Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For reliable
advice, please consult with a professional immigration attorney.}
> I signed an affadavit and took it kind of seriously, after all, you're agreeing that you
> are responsible for that person (regardless I suppose of what might happen in your
> marriage) why isn't the affadavit of support enforced? I work for a welfare office, we
> have people who walk in the door and apply for assistance only months after getting
> their status adjusted. Can't the affadavit be enforced? Don't the people who have been
> abandoned by their sponsor have any recourse? Or is it just merely paperwork that
> doesn't mean anything?
getting is not deemable. The INS is very clear what types of support can still be had even
though they are permanent residents who have had an I-864 filled out for them.
See here, because it sounds like the whole group is confused about what types of support
are acceptable for those who have had an affidavit of support filed for them. Very, very
few types of support are unacceptable.
All these are ACCEPTABLE!
http://149.101.23.2/graphics/publica...public_cfs.htm "Benefits Not Subject
to Public Charge Consideration
Non-cash benefits and special-purpose cash benefits that are not intended for income
maintenance are not subject to public charge consideration. Such benefits include:
Medicaid, Children's Health Insurance Program (CHIP), Food Stamps, the Special
Supplemental Nutrition Program for Women, Infants and Children (WIC), immunizations,
prenatal care, testing and treatment of communicable diseases, emergency medical
assistance, emergency disaster relief, nutrition programs, housing assistance, energy
assistance, child care services, foster care and adoption assistance, transportation
vouchers, educational assistance, job training programs, and non-cash benefits funded
under the TANF program. "
There are only two types of AID that would cause a person to violate the I-864...
"Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for
Needy Families (TANF) program and State or local cash assistance programs for income
maintenance, often called "General Assistance" programs. "
So, I would suggest that you stop worrying about what others do, especially if you don't
know the rules anyway. Of course, I would also suggest that you read the official source
and ignore the responses you have had so far as they have missed their mark.
Take care,
--
Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
http://clik.to/getk1 K-1 & Adjustment of Status Links Page http://clik.to/K1andAOSLinks
Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's Fiance Visa Page
http://www2.apex.net/users/thehydes/ Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For reliable
advice, please consult with a professional immigration attorney.}
> I signed an affadavit and took it kind of seriously, after all, you're agreeing that you
> are responsible for that person (regardless I suppose of what might happen in your
> marriage) why isn't the affadavit of support enforced? I work for a welfare office, we
> have people who walk in the door and apply for assistance only months after getting
> their status adjusted. Can't the affadavit be enforced? Don't the people who have been
> abandoned by their sponsor have any recourse? Or is it just merely paperwork that
> doesn't mean anything?
Feb 22nd 2001, 12:04 pm
#9
Guest
Posts: n/a
in message
> > > > I signed an affadavit and took it kind of seriously, after all,
you're
> > > > agreeing that you are responsible for that person (regardless I
> suppose
> > of
> > > > what might happen in your marriage) why isn't the affadavit of support enforced? I
> > > > work for a welfare office, we have people who walk in the door and
> > apply
> > > > for assistance only months after getting their status adjusted.
Can't
> > the
> > > > affadavit be enforced? Don't the people who have been abandoned by
> their
> > > > sponsor have any recourse? Or is it just merely paperwork that doesn't mean
> > > > anything?
> > > >
> > > >
> > >
> > >
> >
> >
> > > > I signed an affadavit and took it kind of seriously, after all,
you're
> > > > agreeing that you are responsible for that person (regardless I
> suppose
> > of
> > > > what might happen in your marriage) why isn't the affadavit of support enforced? I
> > > > work for a welfare office, we have people who walk in the door and
> > apply
> > > > for assistance only months after getting their status adjusted.
Can't
> > the
> > > > affadavit be enforced? Don't the people who have been abandoned by
> their
> > > > sponsor have any recourse? Or is it just merely paperwork that doesn't mean
> > > > anything?
> > > >
> > > >
> > >
> > >
> >
> >
