The form I-864, Affidavit of Support is created by federal law. Indeed, the form has been integral to the practice of (federal) immigration law for over twenty years… much longer if you consider the predecessor Affidavits of Support. So if…
Most civil lawsuits end in settlement long before they go to trial. Lawsuits to enforce the I-864 are no different. In our experience, roughly half of I-864 enforcement cases settle before a lawsuit is ever filed, or very shortly after…
It is that I have unfortunately observed before. Yet another I-864 beneficiary has lost out on a claim under the I-864 because they tried to do so in state family law court versus federal court. Mullonkal v. Kodiyamplakkil was a…
Another case, this one in Texas, illustrates the dangers of trying to enforce the Form I-864 in state versus federal court. In Beringer v. Beringer, yet another I-864 beneficiary got less than what she was entitled to under the plan…
(Updated June 20, 2020). Yesterday I was asked to do a podcast interview about the Supreme Court's new DACA decision, and on other things that have changed in immigration since COVID-19. So much has happened in the past few months…
Today the Supreme Court made its ruling in DHS v. University of California, addressing the legality of the Trump Administration's decision to end DACA. No. 18-587, 591 U.S. ___ (2020). In short, the Court held that the Trump Administration acted…
In Golipour v. Moghaddam, yet another federal court has directly held that an I-864 beneficiary cannot waive her rights in a nuptial agreement. No. 4:19-cv-00035-DN-PK (D. Utah Feb. 7, 2020) (granting and denying in part cross-motions for summary judgment). This…
We've created a new (free) tool that allows you to request an official copy of your USCIS immigration file. Just fill out this short online questionnaire and our website will email you a customized FOIA request, ready to file. You'll…
Late in the evening of April 20, 2020, President Trump announced by Tweet that he would be stopping all immigration to the U.S. due to the COVID-19 crisis. Two days later an executive order or "proclamation" was signed. I'll be…
As we head together into this time of global crisis, the technicalities of U.S. immigration law may not be the first thing on your mind. But judging from some emails I've been getting, many of you are looking ahead to…