Support under the Form I-864 lasts until one of the five Terminating Events defined by federal statutes and regulations. Until one of these five events happens, the Form I-864 sponsor is bound by the contract and required to provide support…
No, federal courts have squarely held that a pre- or post-nuptial agreement cannot waive rights under the Form I-864. Even if a sponsored immigrant has signed a document saying that she forfeits all rights under the I-864, that agreement is…
This post contains the material for today's talk given to the family law section of the Texas State Bar Association. Thanks to the renowned Kate Lincoln-Goldfinch, for co-presenting with me. Our talk addressed legal enforcement of the Form I-864, Affidavit…
Family law attorneys need to understand that certain immigrants are entitled to financial support far in excess of what would be prescribed by state family law. Under the Form I-864, Affidavit of Support, sponsored immigrants are entitled to indefinite financial…
Certain green card holders are legally entitled to receive financial support from their immigration sponsors. Exactly who qualifies for support? 1 - Did you get your green card through a spouse or family member? The Affidavit of Support is required…
A version of this article will appear in Bender's Immigration Bulletin. © Greg McLawsen (2020). Download article in .pdf format (free)Download On October 2, 2020, the Department of Homeland Security (DHS) proposed significant revisions to its regulations governing the Affidavit…
The form I-864, Affidavit of Support is created by federal law. Indeed, the form has been integral to the practice of (federal) immigration law for over twenty years… much longer if you consider the predecessor Affidavits of Support. So if…
Most civil lawsuits end in settlement long before they go to trial. Lawsuits to enforce the I-864 are no different. In our experience, roughly half of I-864 enforcement cases settle before a lawsuit is ever filed, or very shortly after…
It is that I have unfortunately observed before. Yet another I-864 beneficiary has lost out on a claim under the I-864 because they tried to do so in state family law court versus federal court. Mullonkal v. Kodiyamplakkil was a…
Another case, this one in Texas, illustrates the dangers of trying to enforce the Form I-864 in state versus federal court. In Beringer v. Beringer, yet another I-864 beneficiary got less than what she was entitled to under the plan…