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Advanced I-864 Issues

Name: Advanced I-864 Issues
Start: 2016-08-31T12:00:00-07:00
End: 2016-08-31T13:00:00-07:00
Location: Webinar only

August 31, 2016 @ 12:00 pm - 1:00 pm

Free

Few immigration forms are as perpetually vexing as the I-864 Affidavit of Support. In this advanced webinar we will address important topics including:

Common errors that cause rejection of the Form I-864.
Meeting income requirements with non-standard income.
The state of case law concerning the enforceability of the I-864.
Ethical best practices in joint/co-sponsor I-864s.

Who should attend?

Any attorney practicing family-based immigration.
Newer immigration attorneys unfamiliar with the I-864.

About the presenter

Greg McLawsen is the managing attorney of Sound Immigration. Greg frequently speaks locally and nationally on topics including immigration, law practice management and legal ethics. He has published extensively on topics relating to the I864 Affidavit of Support. Greg’s writings have appeared in Benders Immigration Bulletin, the Immigration Law and Procedure treatise, and numerous bar journals. Greg Chairs the Solo and Small Practice Section of the Washington State Bar Association, and is the law practice and technology chair of AILA’s Washington State Chapter.

Details

Date:: August 31, 2016
Time:: 12:00 pm - 1:00 pm
Cost:: Free
Event Categories:: CLE, Webinar
Website:: https://www.eventbrite.com/e/advanced-i-864-issues-tickets-26685572265

Organizer

: Sound Immigration
Phone: 253-203-3170
Email: greg@soundimmigration.com
: View Organizer Website

Venue

: Webinar only

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