792-4          CLAIMS AGAINST SPONSORS AND SPONSORED ALIENS

Aliens, sponsor(s), and Form I-864 signatories are jointly and separately liable for overpayments caused when the sponsor(s) and Form I-864 signatories fail to provide correct information. If the sponsor(s) and Form I-864 signatories are "without fault" or demonstrate "good cause" then the alien alone is liable.

"Without fault" means DPA has failed to inform the sponsor(s) and Form I-864 signatories of their reporting responsibilities, what must be reported, and the penalties for not reporting or for reporting incompletely and incorrectly; or that facts exist which make it reasonable to presume that the overpayment was caused primarily or entirely by the alien willfully misreporting or willfully failing to report, and that the sponsor(s) and Form I-864 signatories were unaware of this act.

"Good cause" means that circumstances beyond the sponsor(s)' and Form I-864 signatories' control occasioned the overpayment by preventing the sponsor(s) and Form I-864 signatories from reporting themselves or from exercising their responsibility to see that the alien timely provided full and correct information. Such circumstances include, but are not limited to: temporary severe illness or incapacity of the sponsor(s)' and Form I-864 signatories' immediate family, and unavoidable temporary absence, or remoteness in combination with severe weather.

792-4 A.      COLLECTING CLAIMS AGAINST SPONSORS

The Claims Unit initiates collection action by sending the alien's sponsor(s) and Form I-864 signatories a written demand letter informing them of the amount owed, the reason for the claim, and how they may pay the claim. The sponsor(s) and Form I-864 signatories shall also be informed that they will not be held responsible for repayment of the claim if they can demonstrate that they have good cause or were without fault for the incorrect information having been supplied to the district office.

The sponsor(s) and Form I-864 signatories are entitled to a fair hearing either to contest a determination that the sponsor(s) and Form I-864 signatories were at fault for the district office's receipt of incorrect information or to contest the amount of the claim.

If the alien's sponsor(s) and Form I-864 signatories respond to the Claims Unit's written demand letter and are 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.

792-4 B.      WHEN NOT TO PROCESS A CORRECTIVE PAYMENT

A corrective payment is not made if an underpayment is caused by the client's failure, without good cause, to timely report a change.

No claim determination or recoupment is done for an agency-caused overpayment totaling less than $100.