Greg McLawsen

Webinar: Forensic psychologists & immigration law (June 29, 2016 – noon)

May 6, 2016
Greg McLawsen
Events, For lawyers, Immigration scholarship, Updates
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When Wednesday, June 29, 2016 from 12:00 PM to 1:00 PM (PDT). Immigration lawyers frequently need psychological evidence in support of waiver cases. But mental health professionals have importantly distinct areas of focus. This webinar will explain the role of…

Webinar: Family-based Immigration Consultations 101 (May 13, 2016 – noon)

May 6, 2016
Greg McLawsen
Events, For lawyers, Immigration scholarship, Updates
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An introduction to handling consultations in family-based immigration matters. When: Friday, May 13, 2016 from 12:00 PM to 1:00 PM (PDT) Are you a lawyer new to immigration, or considering expanding into the practice area? Join us for an introduction…

How lawyers can use Agile project management and kanban

One of my core beliefs in managing our law firm is that we should borrow ideas from businesses outside the legal field. Attorneys are notoriously slow to adopt new ideas. While the rest of the world rushes by with creative…

Using kanban to visualize workflow

Today on the Washington State Bar Association's blog I've done a short post how lawyers can use kanban to visualize work flow. Kanban - and Agile project management generally - is a system most often associated with software development and…

The landscape photography of Salvador Armendariz

This month we're showcasing the landscape photography of Salvador Armendariz. Now based in Denver, I met Salvador almost a decade ago when we worked together at the non-profit law firm, Nebraska Appleseed. We reconnected several years later when I helped…

If you were victimized by a noatario publico you may be eligible for financial damages and even a U-Visa

It is a violation of Washington State law to advertise services as a notario publico. If you paid a notario for immigration services you may be entitled to recover money from that individual or his business. A notario's victim may…

Evolve Law Seattle – Key Performance Indicators

This week I attended Evolve Law's CLE explaining how lawyers can use Key Performance Indicators (KPIs). The event was co-sponsored by the Seattle Legal Technology and Innovation Meetup group, which I co-facilitate with Dan Lear. The very good panel featured…

Where can I download USCIS immigration forms?

Where can you find USCIS immigration forms? Right here! All immigration forms are freely available for download from the official USCIS website (www.uscis.gov). You should never pay anyone for a blank USCIS form since they can be downloaded for free. All…

How does divorce impact my immigration status?

Many individuals get their immigration status in the U.S. through marriage. What happens if such a person gets divorced from their spouse? The consequences depend on the situation. What happens if I get divorced when my spouse is petitioning…

Do I need an immigration lawyer? (Maybe not)

What do immigration lawyers actually do? If you're going through the immigration process, do you need one? These are completely fair questions, so let's start with two important points: You are never required to use an immigration lawyer. The immigration statute…

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 for about a decade at this point. Over that time, I’ve made a lot of changes to the template that we use for federal lawsuit complaints. (A complaint is the initial case document that sets forth the plaintiff’s legal claim…
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 as the primary sponsor. By signing the USCIS Form I-864, the joint sponsor agrees to “joint and several” liability on the contract. The sponsored immigrant can sue the joint sponsor for financial support in state or federal court. A joint…
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 in a divorce case. A family law court has the authority to enforce the I-864 either (1) as a breach of contract claim or (2) through spousal maintenance (also called alimony). But as discussed below, divorce court is not necessarily…
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 elsewhere. Yes, the Affidavit of Support can theoretically be enforced in family law proceedings. But in practice, beneficiaries frequently encounter problems in that forum. Here is another example. Marriage of Bychina was a family law case in Illinois. See No.…
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 that damages under the USCIS Form I-864, Affidavit of Support are determined based on taxable income. In Flores v. Flores, the Western District of Washington ruled that the term “income” is governed by the definition contained at 8 C.F.R. §…
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, Affidavit of Support result in settlement. To get an idea of how long that process takes, read this post. Having settled many of these claims, here is an overview of how we generally approach settlement. What goes into an Affidavit…
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 need of help. To have a claim under the Affidavit, their income needs to be below 125 percent of the poverty line. That’s about $1,400 per month for a household of one. But a lawsuit can take months or even…
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, and equitable estoppel are unavailable to a sponsor who has signed a USCIS Form I-864, Affidavit of Support. Blevich v. Thomas, 17 F.4th 1048 (11th Cir. 2021). Belevich joins a growing line of cases that stand for the proposition that…
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 Section of the Federal Bar Association (Spring 2021). If you are like most federal litigators – this author included – you would never enter divorce court unless your name was on the case caption. The vitriol, the sabotage, the meanness.…
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