Brathwaite v. Helm
The following Summons and Complaint are being made available for service on our website per the Court's order in this litigation. 16 - Summons.Complaint - Brathwaite v. HelmDownload
CLE materials – American Immigration Lawyers Association, New England Chapter (Oct. 25, 2024)
Below are written materials for my presentation on October 25, 2024 (six articles total). Suing on the I-864 - 1Download Suing on the I-864 - 2Download Suing on the I-864 - 2Download Suing on the I-864 - 4Download ABA ArticleDownload…
What are the consequences of signing the Form I-864?
The I-864 is a binding legal contract between you and the United States government. Too often, people sign the Form I-864 without understanding the serious consequences of doing so. This post offers a detailed explanation of the legal ramifications of…
5 reasons to sue an I-864 sponsor who “doesn’t have any money”
Today, I wanted to talk about something that comes up pretty often in my consultations: what should you do if your Affidavit of Support sponsor/defendant doesn't have any money? Should you still start a lawsuit against them to try and…
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…
No, Uniting for Ukraine sponsors cannot be sued under the I-134 Affidavit of Support
Under the recently-announced Uniting for Ukraine program, U.S.-based individuals and businesses can sponsor Ukrainian refugees by filing a USCIS Form I-134, Affidavit of Support. (Yes, I know they are technically not refugees under U.S. or international law for this program,…
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 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)…
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…
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…