Contract Law and the I-864
Contract law intersects with the Form I-864, Affidavit of Support, which is commonly known as the I-864 Sponsorship Agreement. This form is a legally binding contract between a sponsor and the U.S. government, specifically the Department of Homeland Security, Citizenship and Immigration Services (USCIS).
The purpose of the Form I-864 is to ensure that certain immigrants to the United States have adequate means of financial support and are not likely to become a public charge. The sponsor, by signing the form, agrees to provide financial support to the immigrant if necessary to maintain the immigrant at an income that is at least 125% of the Federal Poverty Guidelines.
Here's how contract law applies to the I-864 Sponsorship Agreement:
Consideration: Like any contract, consideration is required. In the case of the Form I-864, the consideration is typically the sponsor's promise to provide financial support to the immigrant in exchange for the immigrant's ability to apply for lawful permanent residence (a green card) in the United States.
Enforceability: The I-864 Sponsorship Agreement is enforceable under contract law. Once signed, the sponsor is legally obligated to provide financial support to the immigrant if necessary. Courts have consistently upheld the enforceability of the I-864, and sponsors can be sued for failing to meet their obligations under the agreement.
Breach: A breach of the I-864 occurs if the sponsor fails to provide the required financial support to the immigrant. If the immigrant receives means-tested public benefits, the U.S. government or the immigrant themselves can sue the sponsor for reimbursement of those benefits. Additionally, the immigrant can sue the sponsor for any support that was not provided as required by the agreement.
Defenses: While the obligations under the I-864 are generally enforceable, there are limited defenses available to sponsors. For example, a sponsor may argue that the sponsored immigrant is not actually eligible for support under the agreement, such as if the immigrant did not become a lawful permanent resident, or if the immigrant's status was terminated for reasons not attributable to the sponsor.
Terminating events: There are 5 events that terminate the contract by operation of law.
Offset to Liability: In addition to terminating events there are unique factors to each sponsors situation that may offset any liability.
Overall, the I-864 Sponsorship Agreement is a unique aspect of U.S. immigration law that operates within the framework of contract law, creating legal obligations between sponsors and immigrants. It is important to discuss your liability with a qualified attorney who has the experience to combine knowledge of both contract and immigration law. Kyndra L Mulder, Esquire has the knowledge and experience that you are looking for.
