A Source: forumdaily.com
Since April 25, the US has stopped letting Ukrainians in. Now, in order to get a humanitarian parole in the States, Ukrainians must find a sponsor in the United States. And although the very concept of sponsorship is not new, many have thought about what responsibilities and risks the decision to support Ukrainians may entail. How does the procedure go, who can be a sponsor and what will happen to those who cannot fulfill their obligations according to the content?
Requirements for the mandatory presence of a sponsor are included in the new program of the US for the reception of Ukrainians fleeing the war, which began to operate on April 25.
It was called "Uniting for Ukraine". The program is described as an optimized application process for a humanitarian password in the US for citizens of Ukraine.
It allows citizens of Ukraine and their immediate relatives who are outside the US to come to the US and stay there temporarily for two years.
Who can be a sponsor
According to data on the website of the US Citizenship and Immigration Service (USCIS), a sponsor can be both an individual and a US organization.
They must be willing to undergo security and background checks.
The sponsor must meet the following requirements:
have legal status in the United States (either parole or deferred deportation (DED);
pass a security and biographical check;
prove the availability of sufficient financial resources to receive, maintain and support Ukrainians during their stay in the United States States) States Examples of types of beneficiary support that sponsors should consider when deciding to sponsor the arrival of a Ukrainian to the United States: meeting upon arrival in the United States and transportation to the original residence;
provision of safe housing and basic necessities; for an employment permit, for a social insurance card...), ensuring the satisfaction of medical needs, assistance in accessing education, learning English, finding a job and enrolling children in school. or several Ukrainians in In this case, the primary sponsor must file Form I-134 (it's free) with USCIS and include additional evidence of identity and resources to be provided by the additional sponsors and include a statement that explains to share the responsibility.
The ability of these sponsors to support Ukrainians will be assessed collectively. Form I-134 can only be filed by an individual.
Organizations cannot act as a named sponsor on Form I-134. However, if the organization or other entity provides financial or other services to the named individual in order to facilitate support, this information must be provided as part of the evidence submitted with the Form I-134 and will be considered in determining the sponsor's ability to support the named beneficiary. Form I-134 was not invented for this program, it has been around for a long time and has been used as evidence of a US resident's willingness to financially support a person arriving in the US on a non-immigrant visa.
The forms apply to bride and groom visas (K1 and K2) and to some visitor visa forms. Formally, this document is an "affidavit of support" and is a legal promise to the government to support him during his stay in the United States until the end of the protected status for Ukrainians (according to the rules of the program for 2 years), writes Boundless.
What are the risks for the sponsor
When the sponsor fills out and signs the Form I-134, he assures the US government that the nonimmigrant he is sponsoring will not need to apply for government benefits such as Supplemental Security Income (SSI), Temporary Assistance for the Needy (TANF), food stamps, or any other government-subsidized benefits, Nolo writes.
And if, as a result, a Ukrainian applies for one of these benefits and receives it, your income or property may be taken into account when considering the application. Moreover, the government can sue you for reimbursement of the costs of providing government assistance to the Ukrainian you promised to sponsor. But the case comes to court very rarely.
On the other hand, this "temporary" Form I-134 Affidavit of Support is often referred to by legal experts as "non-enforceable." It's called that for several reasons:
US visitors are ineligible for the vast majority of government benefits, and if they do apply, they will in most cases ¦be denied;
most government agencies do not have the time or resources to enforce Form I-134 compliance, even if the temporary visitor is receiving public assistance;
the sponsor agrees to support the non-immigrant only for a limited and specific period of time (under the Ukrainian aid program, this is 2 years), so any potential liability is limited in time.
From a legal perspective, Form I-134 can be said to "bark but not bite." It is used to show that a Ukrainian with a protected status in the US has someone to rely on and someone to turn to.
The consulate can ask for a bond
The only form of responsibility that you can really ask for is a bond, writes Alllaw. The US Consulate has the right to ask the sponsor to deposit a bond to ensure that the Ukrainian will comply with all conditions until the end of the humanitarian password. However, the consulate usually does this only in extreme cases. For example, if a Ukrainian receives state aid, this bond can be used to compensate for damages.
