Federal Litigation to Enforce the I-864, Affidavit of Support

When a sponsor refuses to meet their financial obligations under the Form I-864, Affidavit of Support, federal court is often the most effective way to enforce those rights.

Sound Immigration represents sponsored immigrants in federal district court lawsuits seeking past-due support, ongoing financial support, and attorney’s fees owed under the Affidavit of Support. We have successfully litigated more lawsuits of this nature than any firm in the United States.

We Handle I-864 Federal Litigation on a Contingency Fee Basis

We represent clients in I-864 enforcement cases with no upfront legal fees.

• You do not pay hourly fees

• You do not pay retainers

• Our fee is tied to the financial recovery we obtain for you

This structure allows sponsored immigrants to enforce their federal rights without taking on additional financial risk, even when the sponsor has significantly more resources.

What are the steps of federal litigation for an I-864 case?

Federal litigation sounds intimidating, but in I-864 cases it follows a structured and predictable process. Most cases resolve without trial.

Below is what clients can typically expect.

Before filing a lawsuit, we normally send a formal written demand to the sponsor.

This demand:

• Explains the sponsor’s legal obligations under the I-864

• Sets a deadline to resolve the matter voluntarily

• Cautions the sponsor that they will face enforcement if they do not repond.

Many of our cases settle at this stage, without filing suit.

If the sponsor refuses to comply, we file a lawsuit in U.S. federal district court. Lawsuits are started with a document called the “complaint,” which describes the factual and legal basis for our client’s claim.

The complaint:

• Describes our client’s immigration history and finacial circumstances

• Explains the sponsor’s obligations under the Affidavit of Support and federal statute

• Explains how the sponsor breached their obligations

• Requests back support, ongoing support, and attorney’s fees

Once the complaint is filed, we serve the sponsor with a “summons” that notifies them of the lawsuit. Service is coordinated by our firm, using private investigators we use routinely.

After being served, the sponsor typically:

• Files an answer admitting or denying the allegations, and/or

• Files motions raising legal defenses

We handle all briefing, deadlines, and court filings. You do not communicate with the sponsor or their lawyer directly. Sponsors and their lawyers routinely assert defenses which are not allowed by the federal immigration statute. We have a strong track record of getting federal courts to dismiss such defenses at early stages, which streamlines the case for our client.

Discovery is the formal process where both sides exchange information. As the party defending the lawsuit, a sponsor is entitled to request information relating to our client’s claim.

In I-864 cases, discovery focuses on our client’s income and employment history. We ensure that discovery is not used in an abusive manner to obtain information from our client that is irrelevant to our client’s claim.

Most federal courts require or strongly encourage mediation. Statistically, most federal claims – including I-864 enforcement claims – ultimately get resolved at mediation. Far from “giving up,” a settlement agreement means that a sponsor is voluntarily agreeing to pay our client, putting money in their pocket. A client is always in control of whether to settle a case, and we will never resolve a case without client approval.

Mediation is:

• A structured settlement conference with a neutral mediator

• Private and confidential

• Focused on resolving the case without trial

If a case does not settle, it can proceed to a final decision by the federal court. In many scenarios, the case can be resolved by the judge in a procedure called summary judgment. If this does not happen, it may proceed to trial. Trials in I-864 cases are uncommon, but we approach every case as if we will go to a jury trial.

If trial becomes necessary:

• We present evidence and legal arguments on your behalf

• You are represented by counsel at every stage

• The judge or jury decides the amount of support owed

We represent you at every stage of federal litigation

You are not navigating federal court alone.

Sound Immigration:

• Represents you directly from demand through resolution

• Handles all filings, hearings, mediation, and negotiations

• Communicates with the court and opposing counsel on your behalf

• Keeps you informed and involved without overwhelming you

Common questions about federal litigation

Most cases resolve without trial. Most of our clients never appear in court at all, and mediations are often conducted by Zoom.

Enforcing the I-864 is a federally recognized right of sponsored immigrants. Filing suit does not harm lawful immigration status. The government (USCIS, ICE, CBP, etc.) plays no role in these lawsuits, which are exclusively between private individuals.

Timelines vary significantly. The average time for case resolution is around six months. But cases that proceed into the litigastion process can take a year or longer.

Federal courts have jurisdiction regardless of which state your sponsor lives in. Which court is appropriate for your case depends on factors includign where the sponsor lives, where you and the sponsor resided togeher, and where you are currently living.

Federal Court Is often the most effective enforcement tool for the I-864

The Affidavit of Support is a federal contract, and federal courts are well-equipped to enforce it.

For many clients, federal litigation is the turning point that:

• Forces accountability

• Produces real financial support

• Creates enforceable court orders

If voluntary compliance fails, federal court provides a clear, lawful path forward.