Trump

As you now know, Donald Trump has been elected as the 45th president of the United States of America. Throughout his campaign, Trump made immigration a central issue. The Trump presidency will likely pose serious new challenges to non-citizens. Not only to those who are present in the United States without authorization, but also to the hundreds of thousands who come through legal channels.

If you are an immigrant or have loved ones who hope to gain residency or citizenship in the United States, you probably have serious concerns. We have created this page to post answers to frequently asked questions.

Our latest video update.

Updates on Executive Orders and Immigration Ban.

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

Our latest video update.

What is included in Trump’s fourth travel ban?

Details on Trump’s “extreme vetting” for visa applicants

Travel Ban 2.0 – new Executive Order by Trump Administration

Understanding the Feb. 17 enforcement memos

Federal Court halts Immigration Ban Executive Order

Breaking news: USCIS to continue processing applications from banned countries

Trump Executive Orders – “I’m a lawyer, what can I do?”

State Department revokes all valid visas for citizens of banned countries

NVC stops processing cases for citizens of banned countries

Immigration Ban Executive Order Update – Feb. 1, 2017

How does the Trump Immigration Ban impact USCIS applications (I-485, N-400, I-90, etc.)?

Immediately barred from U.S. – citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen

Executive Order will end DACA/Dream Act, but should not cause mass deportations

Order ends visas in 7 countries (more later) and suspends refugee program

Executive Order on protecting taxpayer resources

Trump’s January 25th executive order on “interior enforcement.”

Trump’s YouTube is good(ish) news for immigrants

Will Trump make it harder to get an approved I-751, or stop the program?

Trump’s first immigration policy changes

Will Trump make it harder to get a U-Visa?

Will Donald Trump make it harder to get my visa?

Can President Trump cancel my DACA?

Can President Trump take away my greencard?

Contact us about enforcing the USCIS Form I-864, Affidavit of Support

Our latest video update.

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