Legal Question in Immigration Law in New York

Personally liable if my sponsoree overstays their visa?

My friend sponsored his Chinese girlfriend to come to the US in 2002 on a tourist visa. He said he had to sign some kind of personal liability form that he was assuming responsiblity for her while she was in the US. The relationship has since deteriorated and he now wants to break up with her (she has been living in his apartment and he's basically been maintaining her) but he's worried that she will continue to overstay her visa in the US, which could cause problems for him because of this form he signed. What advice can you offer him? Should he contact Immigration?


Asked on 6/13/06, 12:26 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Personally liable if my sponsoree overstays their visa?

These things happen. Not all relationships are for life. He should not worry about personal liability. She is an adult and is responsible for oversatying her visa herself. He is not responsible.

He should have her move out of his apartment and they should each pursue good and warm lives for the future.

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Answered on 6/13/06, 2:09 pm
Patrick Klauss Berd & Klauss, PLLC

Re: Personally liable if my sponsoree overstays their visa?

It is highly unlikely that the form you are talking about is an affidavit of support. This is normally only used for adjustment of status cases. However, such a declaration is binding if the beneficiary becomes a public charge.

It would be wise to have someone look at this "personal liability form" you mentioned in the post.

Thank you,

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Answered on 6/13/06, 3:28 pm


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