Affirmative defenses – Sound Immigration

I-864 defendant cannot avoid liability by claiming marriage fraud, holds Ninth Circuit

October 26, 2019
Greg McLawsen
Affirmative defenses, Federal court, Form I-864, I-864 Enforcement Updates
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In a recent ruling, the Ninth Circuit Court of Appeals has held that an I-864 defendant cannot avoid liability by claiming marriage fraud. The decision follows the view that I-864 obligations end only after one of the five terminating events…

Anderson v. USA – Another Court rules that “fraud” is not a defense in I-864 case.

March 28, 2019
Greg McLawsen
Affirmative defenses, Form I-864, I-864 Enforcement Updates
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Another U.S. federal court has ruled that Form I-864 sponsors cannot avoid liability by alleging that they were defrauded into signing the Form I-864. In Anderson v. USA, et al, Judge Robert Lasnik dismissed a long list of affirmative defenses…

CLE materials – American Immigration Lawyers Association, New England Chapter (Oct. 25, 2024)
Below are written materials for my presentation on October 25, 2024 (six articles total).
What are the consequences of signing the Form I-864?
The I-864 is a binding legal contract between you and the United States government. Too often, people sign the Form I-864 without understanding the serious consequences of doing so. This post offers a detailed explanation of the legal ramifications of signing a Form I-864. Note that this discussion applies to you regardless of whether you…
5 reasons to sue an I-864 sponsor who “doesn’t have any money”
Today, I wanted to talk about something that comes up pretty often in my consultations: what should you do if your Affidavit of Support sponsor/defendant doesn’t have any money? Should you still start a lawsuit against them to try and recover financial support? Affidavit of Support lawsuits are fundamentally about one thing, recovering money from…
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…
No, Uniting for Ukraine sponsors cannot be sued under the I-134 Affidavit of Support
Under the recently-announced Uniting for Ukraine program, U.S.-based individuals and businesses can sponsor Ukrainian refugees by filing a USCIS Form I-134, Affidavit of Support. (Yes, I know they are technically not refugees under U.S. or international law for this program, but that is beside the point). People are understandably concerned about their financial and legal…
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…