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Judith
Judith, Immigration Lawyer
Category: Immigration Law
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Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hi There, Our neighbors Nanny who we know well and have

Resolved Question:

Hi There,

Our neighbor's Nanny who we know well and have used to babysit our children has asked us to sponsor her for 1 year while she goes to school (Affidavit of Support I-134). She says she has enough money to cover her first few months of expenses and that she school enrollment/tuition is in 3 month increments. She says that if she can't support herself, she will have enough money for her return ticket. We would love to sign this form for her, but do not want to take on any financial responsibility for her. We completely trust her as a person, but do not trust uncontrollable outside forces...for instance, if she's at a party and gets arrested for marijuana, or ends up in some sort of accident and is sued, etc etc. What would you advise?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Is she going to get a change of status to an student visa? I would assume that is the case. She is not allowed to work as a student off campus for more than 20 hours a week. That would include child care.
When you sign the affidavit of support you are entering into a contract with the US government to be responsible to repay the government for any meas tested benefits she might collect.
That means if she gets in an accident, she may use emergency medicaid but if she requires rehabilitation, and is put into a rehab facility in or out patient, you would be liable. If she collects food stamps or other assistance, you would be responsible.
It is not a matter of trust,, it is a matter of a financial obligation to the government.

Judith
Customer: replied 1 year ago.

Thank you Judith,


 


She says that she has health insurance, so perhaps that would cover rehabilitation in the event of an injury. What about a scenario where she gets in trouble and is given a public defender? Or a scenario where she is in an accident and is sued. Would we be liable? Thank you!!!

Expert:  Judith replied 1 year ago.
You are not required to reimburse for any civil liabilities.
Since a public defender is a means tested benefit you could be liable for that.
Just be sure to verify the health insurance.

Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24765
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 5 other Immigration Law Specialists are ready to help you

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