Updates – Page 7 – Sound Immigration

Advanced I-864 issues (webinar material)

August 29, 2016
Greg McLawsen
Events, For lawyers, Immigration scholarship, Marriage-Based Immigration, Updates
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The material listed accompanies our August 31, 2016 webinar, Advanced I-864 Issues. The material in the body of this post was drafted along with Heather L. Poole and Ann Robertson for a panel at AILA National 2015 entitled Complicated Affidavit of Support Issues…

Competency decisions in immigration court; the insanity continues

Immigration law recognizes that a foreign national must be competent to face removal (i.e., deportation) proceedings. When a respondent lacks competence, however, proceedings do not cease. Rather, the immigration judge is instructed to implement “safeguards” to ensure fair proceedings. The…

Webinar: Forensic psychologists & immigration law

June 29, 2016
Greg McLawsen
For lawyers, Immigration scholarship, Psychology and immigration, Updates, Waivers
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Thank you to those who joined us for today's webinar, Forensic Psychologists & Immigration Law, featuring Dr. Julia McLawsen. If you were unable to attend we invite you to view the video of the webinar below. In this post you'll…

DAPA remains on hold as Supreme Court decides U.S. v. Texas

In a decision that will disappoint millions of immigrant families, the Supreme Court has issued a tied decision in U.S. v. Texas. This decision means that Deferred Action for Parents (DAPA) and the expanded Deferred Action for Childhood Arrivals (DACA…

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…

Client Choice Award - Immigration Lawyer

Gustavo Cueva wins Client Choice Award

Associate attorney Gustavo Cueva has received the a 2016 Client Choice Award from Avvo in the field of immigration - a result of the very high ratings given to him by former clients. I'm very proud of the excellent work…

Tech set-up CLE (1.5 credit), June 1, 2016 – Seattle

Greg McLawsen will be speaking at Seattle University's Access to Justice Institute on June 1, 2016 (noon) about setting up technology for law practice. 1.5 CLE credits are pending approval for Washington State attorneys. Attendance is free. Learn more here.

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…

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