U.S. immigration law is an invitation-based system. For someone wishing to move permanently to the country there is no general “line” to get in. Rather, the path to permanent residency (a “green card”) usually begins with a U.S. business or…
In this piece we explore the ethics of whether attorneys should draft the Form I-864 for a co-sponsor, where the attorney represents the petitioner and/or beneficiary in the family immigration case. Because the new I-864 requires an attorney-client relationship with…
Download this free Guide in .pdf format here This Guide has been prepared for the purpose of providing general instructions for completing the Form I-864, Affidavit of Support. By using this Guide you agree that no attorney-client relationship exists…
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…
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)…
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…