Jacksonville Immigration Lawyer Susan Pai, Florida

ii. Alien can be credited with 40 qualifying quarters of coverage under Title II of the Social Security Act, 42 USC §401 et seq.http://apps.state.or.us/caf/fsm/15nc-e.htm

iii. Alien ceases to hold Lawful Permanent Resident status (Green Card Holder) and leaves the U.S.

iv. Alien is in removal proceedings, obtains a grant of new Adjustment of Status and with that, a new Sponsor

v. Alien dies

vi. Sponsor dies

II. What is the Sponsor Promising?

a. Sponsor agrees to support the Alien at 125% of the Poverty Guidelines Level. INA §213A.

http://www.uscis.gov/files/form/l-864P.pdf

III. Who Can Enforce the Contract?

a. Alien

b. Federal Government

c. State Government or Municipality/County/Etc.

d. Any other entity that provides any means-tested public benefit[1. Means-tested public benefit means either a Federal means-tested public benefit, which is any public benefit funded in whole or in part by funds provided by the Federal Government that the Federal agency administering the Federal funds has determined to be a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, or a State means-tested public benefit, which is any public benefit for which no Federal funds are provided that a State, State agency, or political subdivision of a State has determined to be a means-tested public benefit. No benefit shall be considered to be a means-tested public benefit if it is a benefit described in sections 401 (b), 411 (b), 422(b) or 423(d) of Public Law 104-193.] to the Alien

e. Not the USCIS

IV. Where Can the Contract Be Enforced?

a. Any Federal Court

b. Any State Court

V. How Does the Suing Party Get the Sponsor’s Information?

a. Agencies that provide means-tested public benefits may submit Forms G-845 and G-845S to USCIS to obtain the name, address and social security number of the sponsor

b. Note: Sponsors must notify the Attorney General and the state in which the alien lives of any address changes for the entire time of the support obligation

i. Failure to provide notice can result in fines from $250 to $2,000, or

ii. If the Alien has received means-tested public benefits, $2,000 to $5,000

VI. Joint Sponsors Have Accepted Joint and Several Liability for the Support Obligation

a. Joint Liability means that the support obligation may be enforced against the sponsor and joint sponsor so that each may be liable for a portion of the total amount due.

b. Several Liability means that the alien or any federal, state or local agencymay choose to sue only the sponsor or Joint Sponsor for the entire amount.

VII. The 1-864 Survives Divorce and is Separately Enforceable as a Contract²

Tomheim v. Kohn, No. 00CV5084 (SJ), 2002 WL 482534 (E.D.N.Y. March 26, 2002)

Immigrant vs. Father in Law
Court found Father in Law not liable because he signed the 1-134 not the I-864

Ainsworth v. Ainsworth, No. 02-1137-A, 2004 U.S. Dis. LEXIS 28961 (M.D. La. May 27, 2004)

Immigrant Wife sued husband for support under I-864
Court found wife entitled to specific performance
Husband ordered to pay support at 125% of federal poverty guidelines

Cheshire v. Cheshire, No. 3:05-cv-00453-TJC-MCR, 2006 WL 120810 (M.D. Fla. May 4, 2006)

Immigrant ex-wife sued U.S. Citizen ex-husband for enforcement of I-864
Court found for wife but 125% level should be reduced by income wife receives from other sources

Stump v. Stump, No. 1:04-cv-253-TS, 2005 WL 2757329 (N.D. Ind. October 25, 2005)

Immigrant ex-wife sought enforcement of I-864 when she could not find employment
Court found ex-husband liable at 125% of poverty guidelines
Court made damages calculation based on contract law to place wife in the position she would have been in if there had not been a breach

Younis v. Faroai. Civil No. CCB-07-1393 (Feb. 7, 2009)

Immigrant ex-wife receiving alimony and child support sues ex-husband in federal court solely to enforce I-864
Court found husband’s obligation should be reduced by amount of alimony paid to wife, but not by amount of child support.
Court reduced obligation amount by wife’s income from part-time employment
Court dicta – Sponsor would still be liable even if immigrant were unwilling or unable to find employment

You've been reading: Affidavit of Support Contact Susan Pai to learn your immigration-related options today: Jacksonville Immigration Lawyer Susan Pai, Florida - Exclusively Practicing Immigration Law

Useful Links

Susan Pai — Sun, 24 Jul 2011 06:47:07 +0000

From the Law Office of Susan Pai: Useful Links

Case Status and Processing Times

Citizenship Test Materials

Civil Surgeon Locator

Criminal History - FBI

Criminal History - FDLE

Department of State Consular Processing Times

Department of State Reciprocity Schedule

Department of State Visa Bulletin

Diversity Lottery

Florida Inmate Search

Florida Laws

Freedom of Information Act

How Do I Obtain a Full Background Check

How Do I Obtain a Tax ID Number to File Taxes?

InfoPass Appointment

Selective Service

Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.

If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. According to law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service will accept late registrations but not after a man has reached age 26. You may be denied benefits or a job if you have not registered. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636.

If you have a social security number, you can register online (click here). It’s quick and easy.

SEVP Approved Schools

Social Security Card

USCIS Forms and Instructions

USCIS Offices

Visa Bulletin

Visa Classifications & Work Authorizations (from UC Berkeley)

You've been reading: Useful Links Contact Susan Pai to learn your immigration-related options today: Jacksonville Immigration Lawyer Susan Pai, Florida - Exclusively Practicing Immigration Law

Countries We Call

Susan Pai — Fri, 22 Jul 2011 05:29:12 +0000

From the Law Office of Susan Pai: Countries We Call

We can call you in the following countries.

(c) indicates we can call a cell phone in that country.

Finland

France

Georgia

Germany

Greece

Guadeloupe

Guam (c)

Hong Kong (c)

Hungary

Iceland

India (c)

Indonesia

Iraq

Ireland

Israel

Italy

Japan

Latvia

Luxembourg

Macau (c)

Malaysia (c)

Malta

Mexico

Monaco

Netherlands

New Zealand

Norway

Panama

Peru

Poland

Portugal

Puerto Rico (c)

Romania

Russia

Saipan (c)

San Marino (c)

Singapore (c)

Slovakia

Slovenia

South Africa

South Korea

Spain

Sweden

Switzerland

Taiwan

Thailand (c)

Turkey

United Kingdom

United States (c)

U.S. Virgin Islands (c)

Venezuela

Zambia

You've been reading: Countries We Call Contact Susan Pai to learn your immigration-related options today: Jacksonville Immigration Lawyer Susan Pai, Florida - Exclusively Practicing Immigration Law

Immigration Investigations

Susan Pai — Fri, 22 Jul 2011 05:25:21 +0000

From the Law Office of Susan Pai: Immigration Investigations

IMMIGRATION WILL EXAMINE YOUR FACEBOOK ACCOUNT

In a memo penned in 2008, the Department of Homeland Security’s U.S. Citizenship and Immigration Services described the goldmine of personal information to be found on online social networks and instructed agents how to take advantage of people’s “narcissistic tendencies” to sniff out fraud.

Huffington Post Article, “Fake Friends Adding Fresh Danger to Facebook“

You've been reading: Immigration Investigations Contact Susan Pai to learn your immigration-related options today: Jacksonville Immigration Lawyer Susan Pai, Florida - Exclusively Practicing Immigration Law

Derivative US Citizenship

Susan Pai — Fri, 22 Jul 2011 05:23:16 +0000

From the Law Office of Susan Pai: Derivative US Citizenship

If One of Your Parents is/was a U.S. Citizen, You Could Be a U.S. Citizen!

These are the questions a qualified immigration attorney will ask you to determine whether you are able to prove derivative citizenship:

1. Were your parents married either before your birth or afterwards?
2. Is your father’s name on your birth certificate?
3. What is your date of birth?
4. Did your mother ever become a U.S. Citizen?
5. Did your U.S. Citizen parent/s live in the United States for at least 10 years or 5 years (depending upon how old you are), and how many of those years living in the U.S. were between the ages of 14/16-28 years? How many after 14/16?
6. Was either parent in the U.S. military?
7. Did your U.S. Citizen parent/s ever take action to claim any rights or obligations to you? If yes, what?
8. Was there ever a court order regarding your U.S. Citizen parent’s relationship to you?
9. Did your U.S. Citizen parent/s ever agree to financially support you in writing or by court order?
10.Was the court ever involved in the relationship or support of your U.S. Citizen parent to you?

You've been reading: Derivative US Citizenship Contact Susan Pai to learn your immigration-related options today: Jacksonville Immigration Lawyer Susan Pai, Florida - Exclusively Practicing Immigration Law