QUESTION
Is it prohibited to help co-sponsor someone who entered with a Tourist visa then overstayed?
Asked on Sep 26th, 2012 on Immigration - Wisconsin
More details to this question:
I have a friend who entered US with tourist visa but he overstayed. After 7 long years he married a US citizen. But his wife have no enough income to file for my friend so they say that they need us to file co support. We wanted to help him because finally he will become legal here but we are scared that helping someone like his case (overstayed) will do bad for us. Is it prohibited to help someone like him?
11 ANSWERS
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
You need not worry: there is no law that forbids helping your friend obtain legal immigrant status by co-sponsoring him. You are not responsible for his overstay and illegal presence in the U.S., and filing an affidavit of support will not change that. Read carefully the Form I-864, Affidavit of Support (you can find it on-line at USCIS.gov under "Forms" tab) In the form itself, all the responsibilities that you take upon yourself when you sign the affidavit of support are clearly explained.
Answered on Oct 01st, 2012 at 12:36 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Your friend's overstay should not be attributed to you in any way if you co-sponsor their application.
Answered on Oct 01st, 2012 at 12:35 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
It is not illegal to help someone in this situation. You are within the law to file the I-864 as a joint sponsor. This is a standard process for someone who overstayed and the spouse cannot support.
Answered on Sep 28th, 2012 at 4:32 PM
NO, it is perfectly all right for you to act as a joint sponsor in this type of situation. A person who overstayed and married a US citizen is eligible for adjustment of status within the US.
Answered on Sep 28th, 2012 at 1:19 PM
Immigration and Nationality Attorney serving Miami, FL
at
CruzLaw PA
Update Your Profile
You can co-sponsor this person however please be aware that if you file an affidavit of support, you are signing a separate contract with the US government which will make you financially responsible for that person for 10 years or until they become a US Citizen. This is not "just a formality" and has quite a long reach. Be very careful.
Answered on Sep 28th, 2012 at 9:59 AM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
Update Your Profile
There is nothing wrong with agreeing to co-sponsor the spouse of a US citizen who overstayed his visa. You should read the I-864 affidavit and instructions carefully to know what your obligations will be.
Answered on Sep 28th, 2012 at 9:59 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
No, it's not prohibited and you should have no problems. However, be advised that you may be financially responsible for this person until one of the following occurs: - The person becomes a U.S. citizen; - The person is employed and can be credited with 40 quarters (usually 10 years) under the Social Security Act; - The person ceases to be a Lawful Permanent Resident and returns to his/her own country; - The person becomes subject to removal and is removed (deported) to his/her original country; - The person dies Divorce does not end the sponsor's financial responsibility.
Answered on Sep 28th, 2012 at 9:29 AM
Immigration Law Attorney serving Hialeah, FL
at
Hernandez & Suarez, PL
Update Your Profile
No, it is not prohibited. The responsibility when becoming an sponsor is merely economic.
Answered on Sep 28th, 2012 at 9:28 AM
Immigration Attorney serving Los Angeles, CA
at
Law Offices of Mary Lyn T. Sanga A Professional Corporation
Update Your Profile
No, it is not prohibited.
Answered on Sep 28th, 2012 at 9:28 AM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
Update Your Profile
No problem for you to do that.
Answered on Sep 28th, 2012 at 9:27 AM
Immigration Attorney serving Madison, WI
at
Wren & Gateways Law Group, LLC
Update Your Profile
No, you may co-sponsor if you wish to do so.
Answered on Sep 28th, 2012 at 9:26 AM