607-5          CLAIMS AGAINST SPONSORS AND SPONSORED ALIENS

607-5 A.     COLLECTING CLAIMS AGAINST SPONSORS

1. The Claims Unit initiates collection action by sending the alien's sponsor a written demand letter that informs the sponsor of the amount owed, the reason for the claim, and how the sponsor may pay the claim.  The sponsor shall also be informed that the sponsor will not be held responsible for repayment of the claim if the sponsor can demonstrate that he/she had good cause or was without fault for the incorrect information having been supplied to the district office.

The sponsor is entitled to a fair hearing either to contest a determination that the sponsor was at fault where it was determined that incorrect information has been provided or to contest the amount of the claim.
 

2. If the alien's sponsor responds to the written demand letter and is financially able to pay the claim at one time, the Claims Unit will collect a lump sum cash payment.  The Claims Unit may negotiate a payment schedule with the sponsor for repayment of the claim, as long as payments are provided in regular installments.

607-5 B.     COLLECTING CLAIMS AGAINST SPONSORED ALIEN HOUSEHOLDS

Prior to initiating collection action against the household of a sponsored alien for repayment of an over issuance caused by incorrect information concerning the alien's sponsor or sponsor's spouse, the caseworker will determine whether such incorrect information was supplied due to inadvertent household error or an act of intentional program violation on the part of the alien.