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Sunday, September 6, 2015

Remember -- you can't bargain away the obligations of an I-864 sponsor

I was recently asked about and I-864 (Affidavit of Support), and how it could be extinguished.
Can you have a signed & witnessed indemnification that you cannot sue or require financial support from a person who legally sponsored your green card application?

In answer:
No. The I-864 form is a commitment between the sponsor and the government, not the sponsor and the individual sponsored. Because there could conceivably come a time when the government compels the sponsor to pay for the person sponsored, you cannot waive that requirement (it is against public policy.)

See: 8 CFR 213a.2

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150
Fairfax, VA 22031
Sean R. Hanover, Esq.
Stephen Salwierak, Esq.
Lili O'connell, Esq.
Charles Hatley, Esq.
1-800-579-9864 admin@hanoverlawpc.com

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