Form I-361 - Instructions For Affidavit Of Financial Support And Intent To Petition For Legal Custody Of Public Law 97-359 Amerasian Page 4


Sponsor and Alien Liability
Public Law 97-359 provides that the Secretary of Homeland Security may seek to enforce this guarantee of financial
support and intent to petition for legal custody with respect to the Amerasian against you in a civil suit in the U.S. district
court for the district in which you reside. However, you or your estate will not be liable under this guarantee if you die or
are adjudicated as bankrupt under Title 11, United States Code.
If the Amerasian is under 18 years of age, you are responsible for interim costs incurred by the Amerasian from the time
he or she is released for emigration by his or her mother or legal guardian until you are awarded legal custody of the
Amerasian. Furthermore, while all health costs incurred by the Amerasian are your responsibility, you should be aware
that some health insurance policies may not cover persons who are not members of the policy holder’s immediate family.
Effective October 1, 1980, amendments to section 1614(f) of the Social Security Act and Part A of Title XVI of the
Social Security Act establish certain requirements for determining the eligibility of aliens who apply for the first time for
Supplemental Security Income (SSI) benefits.
Effective October 1, 1981, amendments to section 415 of the Social Security Act establish similar requirements for
determining the eligibility of aliens who apply for the first time for Aid to Families with Dependent Children (AFDC)
Effective December 22, 1981, amendments to the Food Stamp Act of 1977 affect the eligibility of alien participation in the
Food Stamp Program.
These amendments require that the income and resources for any person who, as the sponsor of an alien’s entry into the
United States, executed an affidavit of support or similar agreement on behalf of the alien, and the income and resources
of the sponsor’s spouse (if living with the sponsor) are considered as the income and resources of the alien under formulas
for determining eligibility for SSI, AFDC, and food stamp benefits during the three years following the alien’s entry into
the United States.
An alien applying for SSI must make available to the Social Security Administration documentation concerning his or
her income and resources and those of the sponsor, including information that was provided in support of a petition for
immigration benefits. An alien applying for AFDC or food stamps must make similar information available to the state
public assistance agency of his or her intended residence.
The Secretary of Health and Human Services and the Secretary of Agriculture are authorized to obtain copies of any
documentation of this type submitted to USCIS or the Department of State and release this documentation to a state public
assistance agency.
Sections 1621(c) and 415(d) of the Social Security Act and 5(i) of the Food Stamp Act also provide that an alien and his
or her sponsor are “jointly and severably” liable to repay any SSI, AFDC, or food stamps benefits that are incorrectly paid
because of misinformation provided by a sponsor or because of a sponsor’s failure to provide information. This means the
sponsor is fully responsible if the alien is unable to pay.
Incorrect payments that are not repaid are withheld from any subsequent payments for which the alien or sponsor are
otherwise eligible under the Social Security or Food Stamp Acts, except where the sponsor was without fault or where
good cause existed.
The provisions do not apply to the SSI, AFDC, or food stamp eligibility of aliens admitted as refugees or granted asylum,
and of dependent children of the sponsor’s spouse. The provisions also do not apply to the SSI eligibility for an alien who
becomes blind or disabled after admission to the United States for permanent residence.
What Is the Filling Fee?
There is no fee to file Form I-361.
Form I-361 Instructions 09/11/15 N
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