The Impact Of American Affidavit Of Support On China

The affidavit of support is a guarantee system,which aids a third-party subject between immigrant countries and immigrants.When the foreigner is unable to meet his own economic needs or even defaults on his debts,his relatives in the country will bear the expenses.The main role of the affidavit of support is to avoid the increase of the social burden of the immigrant country,the world`s traditional immigrant countries generally incorporate it into their immigration laws.In the field of application of the affidavit of support,different countries have made different arrangements according to their actual conditions.However,it can be concluded that the affidavit of support is mainly applicable to working immigrants and relative immigrants.In recent years,China has vigorously implemented the overseas talent introduction strategy to further enhance its international competitiveness.Increasing number of foreigners who have obtained permanent residency status under this policy each year.While these foreign intellectuals settled in China,their families also entered the country through family reunion and obtained permanent residency status.More importantly,after these foreigners have obtained permanent residency status in China,their relatives can also obtain permanent residency status in China through family reunion.And form an “immigration chain”.If this aspect of management is neglected,it will add to the already strained social permanent residency status in China,their relatives can also obtain permanent residency status in China through family reunion.And form an “immigration chain”.Also,it will add to the already strained social public resources in China.The "Procedures for the Administration of Examination and Approval of Permanent Residents in China" and the "Code of Practice for Visa and Residence Permits for Foreigners" propose that foreigners applying for permanent residence in China through relatives should submit proof of economic support and foreigners' economic level during China should reach $100 per day.However,these two legal documents lack clear provisions on the legal nature of the affidavit,the contents of the sponsor's responsibility and the format of the affidavit.These legislative deficiencies will cause a foreigner to become a social burden when he or she legally obtains her permanent residence status,when she has financial difficulties or even fails to pay off her debts.Drawing on the experience of foreign excellent institutions in light of China's actual situation is an effective way to solve China's problems.As early as 1924,the United States proposed that foreign immigrants need to submit corresponding guarantee documents when entering the United States.After decades of legislative amendments and judicial practice,the model of Section 214 of the US Immigration and Nationality Act was finally formed.The author introduces and analyzes the legislative background of the affidavit of support in the US immigration law,the important legislative bills,and the shortcomings of the contents of the affidavit of support.Compare the provisions of the current Chinese law on foreigners applying for permanent in China,extracting legislative feasibility proposals for China`s promotion of relevant legislation.