Yesterday a Washington State appeals court handed down a published decision in a case where the appellant was represented by Puget Sound Legal. The case concerned the right of an immigrant to secure legally-required financial support from her immigration sponsor…
Certain American Indians born in Canada enjoy access to the United States unrestricted by the Immigration and Nationality Act, a right stemming from the Jay Treaty of 1794. An examination of this right, reflected by codification as § 289 of…
Following a bench trial to a federal judge, a joint sponsor has been held liable for $10,908 in damages to an I-864 beneficiary. In Matloob v. Farhan a Pakistan national brought suit pro se against her former husband and his…
A recent court decision serves as a reminder that an individual who signs an I-864, Affidavit of Support may be held financially liable by the beneficiary. The case is summarized in our companion blog here. It is extremely important for…
What happens if an Affidavit of Support beneficiary unsuccessfully raises the issue of I-864 financial support during divorce proceedings? One court has recently held that she will be barred from bringing a federal lawsuit to subsequently enforce those rights. In…
A third court has held that purported waivers of I-864 support are ineffective. Toure-Davis v. Davis, NO. WGC-13-916, 2014 U.S. Dist. LEXIS 42522 (Dist. M.D. Mar. 28, 2014). In Toure-Davis v. Davis the court gave both a narrow (but plausible)…
We argue that attorneys need to better safeguard clients when using flat fee billing. Even in jurisdictions, like Washington, where flat fees become property of the attorney when they are paid, lawyers need to have systems in place to ensure…
In Yuryeva v. McManus a Texas appeals court stated clearly – although in dicta – that an immigrant-beneficiary could bring a subsequent contract action on the I-864 despite failing to raise enforcement in the context of her divorce proceeding. No…
In Pavlenco v. Pearsall the District Court for the Eastern District of New York has offered the most detailed analysis to date on the application of abstention doctrines in the context of suing on the I-864. No. 13-CV-1953 (JS)(AKT), 2013 WL…
In Erler v. Erler a District Court provided the most detailed discussion to date of the calculation of household size for determining the level of support obligations under the I-864. CV-12-02793-CRB, 2013 WL 6139721, at (N.D. Cal. Nov. 21, 2013). The…