Is a sponsor of an alien responsible for his or her action as well as their support.

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Request for Question Clarification by nenna-ga on 29 Jul 2004 11:54 PDT

Hello Omega64-GA

Could you tell us what state you're in, and country if applicable, and
a bit more about the situation so that we could give you a specific
answer?

Nenna-GA
Google Answers Researcher

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Clarification of Question by omega64-ga on 29 Jul 2004 14:13 PDT

An alien entered into a contract with me and did not perform the work
however, I paid him the money. I went to a Massachusetts court, and a
judgment was entered against him and a execution was issued. The alien
has not paid the judgment. I have found that he was sponsored to stay
in this country through marriage. However, the he has not logged 40
quarters pursuant to INS reg. nor has he been in the courty three
years. I am filing a motion to attach the asset of the alien.

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Clarification of Question by omega64-ga on 02 Aug 2004 08:26 PDT

i have witing for the response to my question

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Request for Question Clarification by nenna-ga on 02 Aug 2004 09:09 PDT

Omega64-ga,

We have many qualified researchers here that may have attempted to, or
are currently in the process of researching your question. However,
there may be couple be a number of reasons why someone has not gotten
an answer to you yet. The most likely reason, since your question has
so much time left, is that no one has gotten a complete answer yet. I
see your question has 26 days till expiration, so there is ample time
left. You may want to review this information and FAQ's.

http://answers.google.com/answers/faq.html#medical

http://answers.google.com/answers/help.html#B
( C. Price section)

Nenna-GA

Hi omega64-ga,

Firstly, please note that Google Answers is not meant to provide legal
advise. Should you require legal opinion, please consult a licensed
attorney in your state.

However, with that stated... You may not like the answer I can give
you, but, it is an accurate answer. The document that the sponsor
(spouse) signed for the (now) legal permanent resident is something
called the "Affidavit of Support". It is the form I-864 which can be
found on the US Citizenship and Immigration Services website here:
http://uscis.gov/graphics/formsfee/forms/i-864.htm

The reason that the form is required for family based immigration
petitions is to overcome the public charge ground of inadmissibility.
That basically means that there is a presumption that all immigrants
will become "public charges" (welfare recipients) the second they step
foot on US soil. The sponsor (the US Citizen/LPR spouse) will sign
that document to protect the US Government from having to pay money to
support a new immigrant.

Since the document is meant to protect the Government from a new
immigrant becoming a public charge, there is no residual effects given
to private individuals. What that means is that the sponser is ONLY
responsible to the Government for repaying things like welfare and/or
other means-tested public benefits.

To make it sound more lawyerly (even though I am NOT a lawyer and
Google does NOT provide legal advise), the Sponsor entered into a
contract with the US Federal Government to indemnify the Government if
a specific and particular action occured vis-a-vis the new immigrant
collected money from the government that was based on a means-tested
method of determining eligibility. However, the sponsor did NOT
contract with you to indemnify YOU for a potential judgment against
the new immigrant. Therefore, you have no claim against the sponsor.

Sorry for the bad news.

Legolas-ga

No search was performed. I am familiar with, and have knowledge of,
the I-864 document and ramifications of the document.