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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…

How long does the I-864 support last?

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…

Can a nuptial (prenup) agreement waive rights under the Form I-864?

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…

Video: Financial Liability Under the Form I-864, Affidavit of Support

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…

Video: The Form I-864 & the right to indefinite spousal support

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…

Who qualifies for financial support under the Form I-864, Affidavit of Support

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…

DHS Proposes New Adjudication Standards for Forms I-864 and I-864A

A version of this article will appear in Bender’s Immigration Bulletin. © Greg McLawsen (2020). On October 2, 2020, the Department of Homeland Security (DHS) proposed significant revisions to its regulations governing the Affidavit of Support.[1] The Department had proposed…

In Florida, can you bring an I-864 lawsuit in federal court?

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…

How does settlement work in I-864 cases?

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…

Another I-864 claim lost in divorce court – Mullonkal v. Kodiyamplakkil

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…

Beringer v. Beringer – another example of bad I-864 results in state court

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…

U.S. immigration policy and COVID-19

(Updated June 20, 2020). Yesterday I was asked to do a podcast interview about the Supreme Court’s new DACA decision, and on other things that have changed in immigration since COVID-19. So much has happened in the past few months…

This Post Has 2 Comments

  1. I entered the US on 10/2015 on an ESTA visa, I left US on 5/2018(overstayed my visit), I got married last year. We never petition for adjustment of status. What can I do from from country, Chile to go back? My son and wife are in the US she is a US citizen. I had a family emergency and needed to leave. TIA. Hope you can help.

    1. Albert, unfortunately you will need an I-601 hardship waiver to re-enter the U.S., based on what you have said. But overstaying more than one year you are subject to a 10-year bar on reentry. Overcoming that requires a special pardon based on hardship to your family.

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