Attorney Greg McLawsen has published comprehensive research about enforcement of the Form I-864, Affidavit of Support. These articles are publically available below.
Suing on the Affidavit of Support.
This series of articles were originally published in Benders’ Immigration Bulletin. The articles analyze all available U.S. cases concerning enforcement of the Form I-864.
- Suing on the Affidavit of Support – Part 1.
- Suing on the Affidavit of Support – Part 2.
- Suing on the Affidavit of Support – Part 3.
- Suing on the Affidavit of Support – Part 4.
Additional articles about the Affidavit of Support.
- Greg McLawsen, The I-864, Affidavit of Support; An Intro to the Immigration Form you Must Learn to Love/Hate, Vol. 48. No. 4 ABA Fam. L. Quarterly (Winter 2015).
- Greg McLawsen and Gustavo Cueva, The Rules Have Changed: Stop Drafting I-864s for Joint Sponsors, 20 Bender’s Immigr. Bull. 1287 (Nov. 15, 2015).
- Greg McLawsen, The Federal Right to Immigration “Alimony” under the Form I864, Affidavit of Support, Fed. Bar Ass’n Fed. Lit. Sec. Side Bar (Spring 2021).
Blog posts about the Affidavit of Support.
CLE materials – American Immigration Lawyers Association, New England Chapter (Oct. 25, 2024)
Below are written materials for my presentation on October 25, 2024 (six articles total). Suing…
What are the consequences of signing the Form I-864?
The I-864 is a binding legal contract between you and the United States government. Too…
5 reasons to sue an I-864 sponsor who “doesn’t have any money”
Today, I wanted to talk about something that comes up pretty often in my consultations:…
What goes into an I-864 Affidavit of Support lawsuit complaint?
I've been representing clients in lawsuits to enforce the USCIS Form I-864, Affidavit of Support…
What is a joint sponsor’s liability under the Form I-864, Affidavit of Support?
A joint sponsor (also called co-sponsor) has the same liability under an Affidavit of Support…
Can you enforce the Form I-864 Affidavit of Support in a divorce case?
Yes - in most states the USCIS Form I-864, Affidavit of Support can be enforced…
USCIS Form I-864 enforcement in divorce court – another cautionary tale (Marriage of Bychina)
It is a theme that I have written about many times on this blog and…
How do you calculate damages under the I-864, Affidavit of Support
In an important ruling for one of our I-864 enforcement clients, a Court ruled today…
How do you settle a claim under the USCIS Form I-864, Affidavit of Support?
As I explain elsewhere on this blog, almost all claims under the USCIS Form I-864,…
Can you enforce the Form I-864 Affidavit of Support with a preliminary injunction?
Non-citizens needing to enforce the USCIS Form I-864, Affidavit of Support are usually in serious…
What affirmative defenses are available to Form I-864 sponsors? None.
The Eleventh Circuit has held that the common law defenses of unclean hands, anticipatory breach,…
The federal right to immigration “alimony” under the Form I-864, Affidavit of Support
A version of this article first appeared in the Side Bar journal for the Litigation…
How long does the I-864 support last?
A sponsor's obligation under the Form I-864 lasts indefinitely. It terminates only upon one of five Terminating Events, including when the green card holder has 40 quarters of work or becomes a U.S. citizen. It *does not* terminate automatically after ten years, even though lawyers mistakenly
Can a nuptial (prenup) agreement waive rights under the Form I-864?
No, federal courts have squarely held that a pre- or post-nuptial agreement cannot waive rights…
Video: Financial Liability Under the Form I-864, Affidavit of Support
This post contains the material for today's talk given to the family law section of…
Video: The Form I-864 & the right to indefinite spousal support
Family law attorneys need to understand that certain immigrants are entitled to financial support far…
Who qualifies for financial support under the Form I-864, Affidavit of Support?
Certain green card holders are legally entitled to receive financial support from their immigration sponsors…
In Florida, can you bring an I-864 lawsuit in federal court?
The form I-864, Affidavit of Support is created by federal law. Indeed, the form has…
How does settlement work in I-864 cases?
Most civil lawsuits end in settlement long before they go to trial. Lawsuits to enforce…
Another I-864 claim lost in divorce court – Mullonkal v. Kodiyamplakkil
It is that I have unfortunately observed before. Yet another I-864 beneficiary has lost out…
Beringer v. Beringer – another example of bad I-864 results in state court
Another case, this one in Texas, illustrates the dangers of trying to enforce the Form…
Another federal court holds that nuptial agreements cannot waive I-864 support rights
In Golipour v. Moghaddam, yet another federal court has directly held that an I-864 beneficiary…
Anderson v. Anderson – more I-864 enforcement messiness
In Anderson v. Anderson, 2019 U.S. Dist. LEXIS 193910 (W.D. Wash., Nov. 4, 2019), following…
Plaintiff win on I-864 abstention and income calculation – Al-Aromah v. Tomaszewicz
In Al-Aromah v. Tomaszewicz, 2019 U.S. Dist. LEXIS 154638 (W.D. Va. Sep. 10, 2019), the…
More res judicata fights – Levin v. Barone & Greiner v. De Capri
Courts continue to grapple with when a prior family law (divorce) case may pose a…
I-864 defendant cannot avoid liability by claiming marriage fraud, holds Ninth Circuit
In a recent ruling, the Ninth Circuit Court of Appeals has held that an I-864…
54% of I-864 plaintiffs lack legal representation
A review of all I-864 enforcement cases filed in the federal court system shows that…
Raising I-864 in alimony order presents an unfair pickle
A recent case shows the risk when immigrants raise the Form I-864 in the context…
Belevich v. Thomas – Prejudgment interest and other good I-864 holdings
On June 20, 2019 a judge for the Northern District of Alabama handed down a…
Anderson v. USA – Another Court rules that “fraud” is not a defense in I-864 case.
Another U.S. federal court has ruled that Form I-864 sponsors cannot avoid liability by alleging…
USCIS proposes new public charge rules: changes impact public benefits and the Form I-864 for adjustment applicants
A version of this article will appear in Bender's Immigration Bulletin and is republished here…
Changes to USCIS “public charge” determinations and use of the Form I-864
*This article is now outdated* After this article was published, USCIS formally announced new rules…
False claim to U.S. citizenship ground of inadmissibility
INA §212(a)(6)(C)(ii), 8 U.S.C. §1182(a)(6)(C)(ii) A person who has falsely claimed to be a United…
Deportation within the past 10 years – ground of inadmissibility
INA §212(a)(9)(A)(ii), 8 U.S.C. §1182(a)(9)(A)(ii) Once a person is ordered removed from the United States,…
Form I-864 issues 101 – Materials for NW conference, Amer. Immigration Lawyers Association
I prepared this material for a presentation this week at the Northwest Regional Conference for…
California appeals court: “Form I-864 is enforceable, and there is no duty to seek work.
The California Court of Appeals (First District) has handed down an extremely important decision affirming…
How do I enforce my rights under the Form I-864, Affidavit of Support?
The Form I-864, Affidavit of Support is signed in virtually all family-based immigration cases. If…
Extra material – AILA National Podcast on the Form I-864
This morning we are recording a podcast for the American Immigration Lawyer's Association, covering ethical…
Executive Order on protecting taxpayer resources
Today we received a leaked copy of a draft Executive Order that may be released later…
How do I withdraw the Form I-864, Affidavit of Support?
The Form I-864, Affidavit of Support imposes serious financial obligations on a sponsor who signs…
Ink signatures no longer required on I-864s for NVC
The Department of State announced yesterday that original ink signatures are no longer required on…
Advanced I-864 Issues (webinar video)
This post contains video of our August 31, 2016 webinar - Advanced I-864 Issues. Written…
Ninth Circuit decides I-864 case re household size
Today the Ninth Circuit Court of Appeals decided an important case regarding enforcement of the…
How can I report marriage immigration fraud?
There are two main ways to file a report of marriage immigration fraud: Homeland Security…
I haven’t filed last year’s taxes – what income do I report on the I-864?
Tax season makes filing out the I-864 even more complicated. Here's a common situation that…
How can the I-864 be legally enforced?
All marriage-based immigration visas require a promise by the U.S. citizen petitioner to financially support…
What are the required documents for the Form I-864?
You will be required to provide the following documents with your Form I-864. It is…
Completing Part 7 of the Form I-864 (Use of Assets to Supplement Income)
You need to complete this section of the form only if your reported income in…
How to complete Part 6 on the Form I-864 (Sponsor’s Employment and Income)
Part 6 is an extremely important section of the Form I-864. Most problems we observe…
What are the consequences of signing the Form I-864?
The I-864 is a binding legal contract between you and the United States government. Too…
What is the Form I-864, Affidavit of Support?
U.S. immigration law is an invitation-based system. For someone wishing to move permanently to the…
The Ethical Implications of Drafting A Form I-864, Affidavit of Support for a Joint Sponsor
In this piece we explore the ethics of whether attorneys should draft the Form I-864…
How to Complete the Form I-864
Download this free Guide in .pdf format here This Guide has been prepared for…
Published opinion establishes right of immigrant to sue for financial support
Yesterday a Washington State appeals court handed down a published decision in a case where…
Joint sponsor liable for $10,908
Following a bench trial to a federal judge, a joint sponsor has been held liable…
Reminder: joint sponsors may be held liable
A recent court decision serves as a reminder that an individual who signs an I-864,…
Raising I-864 in divorce court bars litigation in federal court
What happens if an Affidavit of Support beneficiary unsuccessfully raises the issue of I-864 financial…
Ante-nuptial agreements can’t waive I-864 support
A third court has held that purported waivers of I-864 support are ineffective. Toure-Davis v…
No issue preclusive effect following divorce trial. Yuryeva v. McManus (Texas).
In Yuryeva v. McManus a Texas appeals court stated clearly – although in dicta –…
Colorado River abstention applies. Pavlenco v. Pearsall (E.D.N.Y. Nov. 27, 2013).
In Pavlenco v. Pearsall the District Court for the Eastern District of New York has offered…
What is household size? Erler v. Erler (N.D. Cal. Nov. 21, 2013)
In Erler v. Erler a District Court provided the most detailed discussion to date of…