Greg McLawsen

Law school talk: Legal Zoom and Legal Hacking

This month I had the opportunity to return to the University of Nebraska College of Law to talk about the future of the legal profession (as I see it). Professor Eric Berger is a good friend from the days when…

Video: Social Media for Lawyers

Jointly hosted by Evolve Law Now and the Seattle Legal Technology and Innovation Meetup Group. This event explored the use and effectiveness of social media use by lawyers in marketing. Expert Panel: Social Media for Lawyers Mary Juetten, CEO, Traklight…

My petition was approved by USCIS – how long does it take to transfer to the NVC?

February 22, 2016
Greg McLawsen
Consular processing, Marriage-Based Immigration, National Visa Center

After a petition (I-129F or I-130) is approved by USCIS it will then be transferred to the National Visa Center (NVC). (For an overview of the process, follow this link). But how long does that take? Historically we've seen this…

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 we see often. It's February or March. You haven't yet filed last year's income taxes. But you also got a bit of a raise, so…

WSBA Sections Workgroup feedback

This page has been created to serve as a clearinghouse of written input sent to the WSBA Sections Policy Workgroup. The views expressed here are my own as an WSBA member, or those of the authors of the various documents…

How to prepare for a visa interview at a consulate

The day has finally come. It's been months and months since you filed the original petition. You've been through more paperwork than you can remember. Now, finally, it's time for your visa interview at the consulate. What can you do…

January 7, 2016
Greg McLawsen
Business of law, For lawyers, Legal ethics
0 Comments

The material in this post comes from a presentation I gave for the Washington State Bar Association's Solo and Small Practice Section's annual CLE on January 22, 2016. This article won the BlawgWorld Pick of the Week award. The editors of…

January 5, 2016
Greg McLawsen
Immigration system, Marriage-Based Immigration

Under the Immigration and Nationality Act (INA) there is a long list of grounds of inadmissibility. Basically, these are things about you, or about your circumstances, that would prevent you from being allowed into the U.S. They can also prevent…

How can the I-864 be legally enforced?

December 30, 2015
Greg McLawsen
For lawyers, Form I-864, Immigration scholarship, Legal ethics
6 Comments

All marriage-based immigration visas require a promise by the U.S. citizen petitioner to financially support the foreign spouse. The Form I-864 Affidavit of Support is a binding contract between the petitioner and the U.S. government. Financial support under the I-864…

December 28, 2015
Greg McLawsen
Citizenship
0 Comments

Part 2 begins by asking you to list every name you have ever used since the time of your birth. Your Current Legal Name will normally be the same as the name used on your Permanent Resident Card. Typically, the…

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

Law school talk: Legal Zoom and Legal Hacking

My petition was approved by USCIS – how long does it take to transfer to the NVC?

I haven’t filed last year’s taxes – what income do I report on the I-864?

WSBA Sections Workgroup feedback

How to prepare for a visa interview at a consulate

Using Online Forms Is Easy and (Can Be) Ethical

What is the permanent bar under Section 212(a)(9)(C)(i)?

How can the I-864 be legally enforced?

How to complete Part 2 of the N-400 (Information about you)

Contact us about enforcing the USCIS Form I-864, Affidavit of Support