When you sign the Affidavit of Support for that relative you want to join you here in America, you had better know that relative pretty well. When you sign, you have just accepted legal responsibility for financially supporting the sponsored relative until they become U.S. citizens or can be credited with 40 quarters of work. Forty quarters of work equates to working continuously for 10 years in the United States Social Security System.

Any joint sponsor or household member whose income is used to meet the minimum income requirements to bring your relative here is also legally responsible for financially supporting the sponsored immigrant. If your relative receives any means-tested public benefits, you are all, as sponsors, responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. In certain states, a successful judgment against you in a court of law can have your wages garnered until the debt is satisfied. When in doubt, ask the benefit provider whether the benefit is a means-tested public benefit.

The problem often occurs mostly when your relative you have sponsored is more independent and lives by themselves. They sometimes do not always consistently work nor do they always tell you everything they do in order to survive. For instance, if your relative is unemployed for a period of time by losing a job through no fault of their own, they may end up qualifying for unemployment benefits.

The temptation will be to take the money in order to help them to survive until they get another job. Although in most every instance, unemployment compensation is not a Means Tested benefit, in reality, it  may be a mistake that under certain conditions can cost the sponsor money.

Unemployed debtors often receive unemployment compensation pay. How unemployment benefits are applied in calculating current monthly income under the Means Test differs from one jurisdiction to another. The issue turns on whether the unemployment compensation is a benefit received under the Social Security Act and is therefore excluded from a debtor’s income calculation. Some courts have held that unemployment compensation is a benefit received under the Social Security Act and are excluded from the debtor’s current monthly income. Other courts find unemployment benefits are not excluded.

Also, your relative may be tempted to apply for Food Stamps or some type of temporary assistance in their time of need. Currently, Federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income, Temporary Assistance for Needy Families, and the State Child Health Insurance Program.

States and local jurisdictions may also designate certain of their programs as means-tested public benefits. The following types of programs are not counted as means-tested public benefits: emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; student assistance under the Higher Education Act and the Public Health Service Act; certain forms of foster-care or adoption assistance under the Social Security Act; Head Start programs; means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs.

As you can see, the system is somewhat complicated depending in which area of the country you live in. Therefore it is best to not only know your relative that you have petitioned (sponsored) to come to the United States, it is very important you understand immigration law.

In the event you or a relative are facing this type situation, it might be best you play it safe by seeking an immigration attorney. Contact us today at www.immigrationlawstation.com, and we will get you in contact with an immigration lawyer in your area who will help answer any questions you may have concerning immigration law.