Alabama Form I-864 Affidavit of Support enforcement lawyer.
We represent clients in the State of Alabama in lawsuits to enforce the USCIS Form I-864, Affidavit of Support. Sound Immigration is proud to partner with attorney Ross Kinder to represent Affidavit of Support plaintiffs in the State of Alabama. Ross is the owner of Kinder Law Firm LLC based in Birmingham, Alabama.
We reached out to Ross after seeing his extraordinary victory in the Belevich decision (discussed below). Ross is an experienced trial attorney with experience in the criminal and civil arenas. Combined with Sound Immigration’s subject matter expertise in Affidavit of Support litigation, we offer Alabama-based clients an unparalleled level of legal service when it comes to enforcing the USCIS Form I-864.
Our Alabama-based Affidavit of Support co-counsel:
Kinder Law Firm LLC
1400 21st Way South
Birmingham, AL 35205
Form I-864, Affidavit of Support enforcement cases in Alabama.
Belevich v. Tomas, 1:17-cv-01193 (North District of Alabama – Southern Division)
Ross Kinder, our local co-counsel in Alabama, was lead plaintiff’s counsel in this landmark I-864 enforcement case. Among other significant holdings, the Northern District of Alabama held in this decision that an I-864 plaintiff is entitled to prejudgment interest (our summary of the case is here – https://www.soundimmigration.com/belevich-v-thomas-prejudgment-interest-and-other-good-i-864-holdings/). More importantly, the District agreed with decisions litigated elsewhere by our firm and held that sponsors cannot avoid liability via standard contract law defenses.
Ross and his law firm defended their success after the sponsor contested the case to the Eleventh Circuit Court of Appeal. There, in one of the most important circuit-level decisions decided in this area, the Eleventh Circuit agreed that contract law defenses are unavailable to Affidavit of Support sponsors (analysis here).
McLean vs. McLean, 1:21-cv-401 (Southern District of Alabama 2022).
Sound Immigration filed the first Affidavit of Support enforcement lawsuit ever litigated in federal court for the Southern District of Alabama, along with the Kinder Law Firm LLC. This matter remains in ongoing litigation.
Where to enforce the Affidavit of Support in Alabama.
Sound Immigration typically enforces the Affidavit of Support via a lawsuit filed in federal court. In some states the Form I-864 can be enforced in family law (divorce) cases through a spousal maintenance order (also called alimony). There is no established law as to whether that is permitted in Alabama, which makes federal court a better option to enforce the Affidavit of Support.
Federal district court in Alabama has three divisions:
- The Middle District of Alabama (based in Dothan, Montgomery and Opelika);
- The Northern District of Alabama (with courthouses in Anniston, Birmingham, Decatur, Florence, Gadsden, Huntsville, and Tuscaloosa); and
- The Southern District of Alabama (with courthouses in Mobile and Selma).
We typically file an Affidavit of Support lawsuit based on the county where our client resides. So, for example, if you live in Mobile, Alabama, we would file the lawsuit in federal court for the Southern District of Alabama. By signing the Affidavit of Support, a sponsor agrees to submit to the “personal jurisdiction” of any court that can otherwise hear the case. In other words, a sponsor can be made to defend an Affidavit of Support enforcement lawsuit in federal court for Alabama, even if the sponsor never resided in the state.