For lawyers – Page 4 – Sound Immigration

Seattle Legal Innovation and Technology Meetup Group

June 3, 2016
Greg McLawsen
Business of law, Community spotlight, For lawyers, Updates
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For this month's community spotlight we're showcasing the Seattle Legal Innovation and Technology Meetup Group. What in the world is that? Why would anyone care? For answers we turn to the group's founder, Dan Lear. Who are you, Dan Lear?…

“Tech Set-Up” for law firms – Seattle U. School of Law

June 1, 2016
Greg McLawsen
Business of law, Events, For lawyers, Updates
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Thanks to everyone who attended today's talk at Seattle University School of Law on legal technology for law firms. Thanks also to the Access to Justice Institute, Diana Singleton and the Washington Bar Association's Low Bono for hosting the event…

Video: Adjustment of Status from ESTA/Visa Waiver Program

This post provides a basic overview for assisting clients who enter the United States on the Visa Waiver Program and wish to seek adjustment of status. The post provided as the written materials that accompany today's webinar on the topic…

Video: Agile project management for any lawyer

Busyness is the plague of Lawyerdom. Yet while lawyers claim busyness as a merit badge, our clients don't care if we're busy - only if we're productive. Fortunately there is an entire professional discipline devoted to the art and science…

Darwin Talk: KPIs for the New Legal Consumer – Sachin Bhatia, Chief Product Officer, Avvo

Sachin Bhatia, Chief Product Officer for Avvo, speaks on how law firms can use Key Performance Indicators to develop better client service. This talk was hosted on April 21, 2016 by Evolve Law in Seattle, WA.

Video: Family-Based Immigration Consultations 101

Today we broadcast a webinar on the topic of how to conduct initial consultations with family-based immigration clients. The event was hosted by the New Members Division of the American Immigration Lawyers Association (Washington Chapter). The speaker is John Wheaton,…

Sound Immigration featured as example of innovative law firm

Thanks to the publishing team over at Avvo! They recently featured Sound Immigration as an example of a law firm using creativity to deliver services to the New Legal Consumer. We were interviewed for a white paper, Sink or swim:…

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…

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