Updates – Page 2 – Sound Immigration

Submitting your USCIS filing fee

April 11, 2018
Sound Immigration
Fiancé(e) visas, Marriage-Based Immigration, Updates
0 Comments

The mandatory USCIS filing fees must accompany an application or petition at the time it is filed. If you do not include the filing fee than the case will simply be returned to you and not filed. Here are some…

Can I apply for adjustment of status if I entered on a TN visa?

A TN visa authorizes an individual to live and work temporarily in the United States. But it is common for TN visa holders to become interested in pursuing lawful permanent resident (LPR) status while they are in the United States…

How long does it take for USCIS to issue an EAD (work authorization card)?

In the past year, the processing times for Employment Authorization Documents (EADs) have become quite long. A recent stakeholder call with the Ombudsman for U.S. Citizenship and Immigration Services (USCIS) sheds some light on how bad the situation has become…

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…

My husband/wife entered the U.S. legally, can she apply for adjustment of status (a green card)?

You are someone who follows the rules. You have no criminal record and pay your taxes on time. You also happen to be married to someone from another country, and you want him/her to be able to move to the…

Court orders USCIS to accept DACA renewal applications!

Yesterday a court ordered that the Trump Administration must partially reinstitute the Deferred Action for Childhood Arrivals (DACA) program. Here is an explanation of what that court action means for you if you are in the DACA program. The federal…

I filed an I-751 but my one-year extension is expiring – what do I do?

(Revised Oct. 30, 2018) Have you filed a Form I-751 and need to show your lawful immigration status? After your receipt notice expires, it can be difficult to prove that you are still in legal status. Download our free, printable letter…

What is the new 30/60/90 day rule? Now it’s just the 90-day rule.

October 2, 2017
Sound Immigration
Immigration system, Marriage-Based Immigration, Updates
67 Comments

Last month the State Department announced that it has eliminated the so-called 30/60/90 day rule. This was an extremely important rule both for visa applicants and those applying for adjustment of status. In this post we'll remind you what the…

What is included in Trump’s fourth travel ban?

September 24, 2017
Sound Immigration
Trump, Updates
2 Comments

This evening the Trump White House announced yet another - this is the fourth - version of its unconstitutional travel ban. Currently, the Administration's third travel ban has been struck down as unconstitutional and is facing final review before the Supreme…

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…

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