Ethics

Trump Executive Orders – “I’m a lawyer, what can I do?”

February 2, 2017

Last Friday, January 27, 2017, President Trump signed an Executive Order that has come to…

Extra material – AILA National Podcast on the Form I-864

January 31, 2017

This morning we are recording a podcast for the American Immigration Lawyer's Association, covering ethical…

Using Online Forms Is Easy and (Can Be) Ethical

January 7, 2016

The material in this post comes from a presentation I gave for the Washington State…

How can the I-864 be legally enforced?

December 30, 2015

All marriage-based immigration visas require a promise by the U.S. citizen petitioner to financially support…

The Ethical Implications of Drafting A Form I-864, Affidavit of Support for a Joint Sponsor

December 24, 2015

In this piece we explore the ethics of whether attorneys should draft the Form I-864…

Social media ethics: 5 things to worry about and 6 red herrings

July 1, 2014

Social media marketing presents genuine ethical challenges for attorneys. But there are also plenty of…

Ethical challenges of using flat fees

January 23, 2014

We argue that attorneys need to better safeguard clients when using flat fee billing. Even…

Solo attorneys: Who’s got your back? (You need a backup)

August 1, 2013

This article was initially published as: Solo Attorneys: Who's Got Your Back? You Need Backup…

A primer on the ethics of legal process outsourcing (LPO)

July 30, 2013

Solo and small firm practitioners are faced with tough choices as their practices grow. As…

Groupon for Lawyers: Does this marketing strategy make sense — or cents?

July 10, 2013

Is it ethical for attorneys to advertise on “daily deal” websites like Groupon and LivingSocial? My…

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

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