Do you have friends to guarantee that you can become a new American immigrant?

Hello, financial guarantors who apply for green cards for relatives and friends of new immigrants should be cautious when signing the affidavit of support on the I-864 form. If the guarantor applies for federal, state or local benefits in violation of regulations, the guarantor or joint guarantor may become the target of government debt collection.

A few years ago, Mr. Zhang (a pseudonym), a resident of China in southern Canada, applied to be a financial guarantor for a relative's immigrant. However, shortly after his relatives came to the United States, he provided false financial information to the Social Security Bureau and received a federal cash subsidy. When the Social Security Bureau found the problem and recovered more than 10,000 yuan from the green card holder, it was found that he had already disappeared, so he recovered the arrears from Mr. Zhang who signed the guarantee.

Lawyer Bo Shangle pointed out that the I-864 form implemented in the Illegal Immigration Reform and Immigration Responsibility Act passed by the federal government in 1996 aims to prevent the abuse of federal welfare. The letter of guarantee is regarded as a civil contract between the guarantor and the federal government. Before the guarantor becomes a citizen, if the guarantor applies for government welfare subsidies in violation of regulations, there is a risk that the guarantor will be recovered.

Lawyer Zhang Jun pointed out that the immigration law requires applicants to sign I-864 "financial guarantee" to prevent the insured from becoming a public burden and occupying federal welfare resources such as SSI red and blue cards after moving to the United States. There is no maximum effect of the guarantee relationship, and theoretically it can only be dissolved after the insured obtains American citizenship or dies.

There are complaints from new immigrants in China. When applying for green cards for relatives and friends, an acquaintance came to ask for help and asked to sign I-864 as a co-guarantor. However, due to human difficulties, they have to agree, but in the case of debt collection, the government can treat it differently according to the distance between the guarantor and the guaranteed.

Bo Shangle reminded the public that since the essence of guarantee is a civil contract between the guarantor and the federal government, according to civil management, debt collection is "who can chase who", so even if it is only a joint guarantor, it should be carefully considered.

At present, in addition to I-864, there are I- 134 forms provided by the Immigration Bureau to provide financial guarantees for foreigners, but there are great differences between them.

Lawyer Fang pointed out that before 1996, the financial guarantee form I- 134 was common, but the form I- 134 was not legally binding, which led many dependent green card holders to apply for benefits as soon as they arrived in the United States. The guarantor does not need to bear legal responsibility for the economic burden brought by the guarantor to American society, so he began to bear responsibility from 1996.

Zhang Jun said that I- 134 is currently mainly applicable to the financial guarantee of non-immigrant visas such as students visiting relatives, and it is more about the guarantor's commitment to the guarantor based on financial help and support, but it has no legal obligation.

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