A version of this article first appeared in the Side Bar journal for the Litigation…
This morning we are recording a podcast for the American Immigration Lawyer’s Association, covering ethical issues on the Form I-864, Affidavit of Support. This post provides two additional items referenced in the podcast recording.
- Sample language for legal service agreements. I recommend that immigration lawyers include specific language in their legal services agreement that explains the Form I-864. Our sample language outlines the sponsor’s obligations under the Form, and also explains the firm’s role as counsel to both sponsor and intending immigrant. We advise sponsors that they should consult an independent attorney if they want further partisan advice about their potential liabilities under the Form. Our sample language may be downloaded here: Standard Terms – Affidavit of Support.
- Update regarding Public Charge Executive Order. At the time of recording, the Trump Administration has reviewed – but not yet sign – an Executive Order that touches on Public Charge inadmissibility. The draft order directs federal agencies – for the first time ever – to pursue enforcement actions against Form I-864 sponsors when beneficiaries receive public benefits. The order broadens the definition of public benefits for that purpose. It also creates a new removal priority for deportable aliens who receive public benefits. My summary of the draft order may be accessed here.
- Lawsuits to enforce the Form I-864. As referenced in the podcast, our partner law firm brings lawsuits on behalf of Form I-864 beneficiaries to recover compensation from sponsors. Our resources related to that area of law, including summaries of all available U.S. caselaw, may be accessed here.