In May, the Trump administration issued a Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens. The document outlines specific requirements that apply if you are sponsoring or plan to sponsor an immigrant. The Presidential Memorandum also applies if you have agreed to make your income and assets available to help sponsor the immigrant by filing one of the following forms:
- Form I-864: Affidavit of Support Under Section 213A of the INA
- Form I-864EZ: Affidavit of Support Under Section 213A of the Act
- Form I-864A: Contract Between Sponsor and Household Member
Do I Have to Reimburse Means-Tested Public Benefits?
Sponsored immigrants can apply for means-tested public benefits from federal, state, local, or tribal agencies. The following are considered means-tested public benefits:
- Medicaid
- Supplemental Security Income
- Temporary Assistance for Needy Families
- The State Child Health Insurance Program
When a sponsored immigrant applies for certain means-tested public benefits, the resources and assets of the sponsor’s household are considered to determine their eligibility. This process is known as “income deeming.”
If an immigrant you are sponsoring receives a means-tested public benefit while the affidavit is enforceable, you will have to reimburse the agency that provided the benefit. If you fail to reimburse the agency, you can be taken to court for repayment.
Comprehensive Immigration Services
At Sintsirmas & Mueller Co. L.P.A., we are here to assist with all of your immigration matters. Whether you are sponsoring a family member for citizenship or applying for a work visa, we can provide you with the experience and legal insight that you need to ensure your rights and interests are fully protected. Stop by our law firm today so we can discuss the unique approach we will take to your case.
Call (888) 491-8770 to schedule your consultation with one of our immigration lawyers.
