Greg McLawsen

Marriage and fiancé(e) visas versus adjustment of status

For couples just beginning to research the immigration process, they often ask themselves if they have a choice between pursuing a visa (whether fiancée or marriage bases) and adjustment of status. In fact, the decision is usually not theirs to…

Form I-864 issues 101 – Materials for NW conference, Amer. Immigration Lawyers Association

March 15, 2018
Greg McLawsen
For lawyers, Form I-864, Immigration scholarship, Updates
2 Comments

I prepared this material for a presentation this week at the Northwest Regional Conference for the American Immigration Lawyers' Association. I don't find it very helpful when speakers put this much detail in slides, so I thought it would make…

Can I apply for a K-3 visa to speed things up?

September 15, 2017
Greg McLawsen
Fiancé(e) visas, Marriage-Based Immigration, National Visa Center, Updates
1 Comment

If only I had a dollar for every time a client was confused about K-3 visas. But the confusion is understandable. Basically, Congress created the K-3 visa category as a way to get married couple reunited without having to wait…

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 rights under the Form I-864, Affidavit of Support. The case decided is Kumar v. Kumar, A145181 (Cal. App. Div. II, July 28, 2017), available here. First, I…

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 you became a lawful permanent resident (LPR) through a spouse, parent or child, chances are the Form I-864 was signed. By signing the Form I-864,…

Social media for lawyers – 26 questions and answers

Thanks to the 1,372 lawyers who attended this week's social media ethics Legal Lunchbox talk. We understand it was the largest program ever hosted by the Washington State Bar Association, which speaks to the interest and angst that many of…

CLE materials – Tools for Streamlining and Automating Your Law Practice

Thanks to the Washington State Bar Association's Solo & Small Practice Section - I appreciate having the opportunity to speak today at the annual CLE with legal-tech futurist, and workers comp attorney Jordan Couch. This post houses materials for today's…

Extra material – AILA National Podcast on the Form I-864

January 31, 2017
Greg McLawsen
For lawyers, Form I-864, Immigration scholarship, Legal ethics
0 Comments

This morning we are recording a podcast for the American Immigration Lawyer's Association, covering ethical issues on the Form I-864, Affidavit of Support. This post provides two additional items referenced in the podcast recording. Sample language for legal service agreements. I…

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 the form. If you have signed and filed a Form I-864, can you withdraw the form if you change your mind? Under some circumstances, yes…

How to Run Your Law Firm from India (With a Four Month-Old)

In this presentation, I talk about the vision behind our law firm, Sound Immigration. We strive to provide world-class service to our clients while allowing our attorneys the freedom to pursue lives of deep personal meaning. For me, that means having 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