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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.

Additional articles about the Affidavit of Support.

Blog posts about the Affidavit of Support.

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…

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How long does the I-864 support last?

Support under the Form I-864 lasts until one of the five Terminating Events defined by…

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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…

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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…

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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…

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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.…

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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…

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How does settlement work in I-864 cases?

Most civil lawsuits end in settlement long before they go to trial. Lawsuits to enforce…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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54% of I-864 plaintiffs lack legal representation

A review of all I-864 enforcement cases filed in the federal court system shows that…

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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…

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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…

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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…

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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…

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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…

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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…

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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,…

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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…

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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…

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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…

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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…

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Executive Order on protecting taxpayer resources

Today we received a leaked copy of a draft Executive Order that may be released later…

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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…

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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…

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How can I report marriage immigration fraud?

There are two main ways to file a report of marriage immigration fraud: Homeland Security…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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How to Complete the Form I-864

Download this free Guide in .pdf format here   This Guide has been prepared for…

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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…

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Joint sponsor liable for $10,908

Following a bench trial to a federal judge, a joint sponsor has been held liable…

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Reminder: joint sponsors may be held liable

A recent court decision serves as a reminder that an individual who signs an I-864,…

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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…

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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.…

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No issue preclusive effect following divorce trial. Yuryeva v. McManus (Texas).

In Yuryeva v. McManus a Texas appeals court stated clearly – although in dicta –…

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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…

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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…

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