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 Our talk addressed legal enforcement of the Form I-864, Affidavit of Support, including the (mostly unpublished) Texas state cases that address it in the context of family law proceedings.

Articles

ABA Article

Suing on the I-864 – 1

Suing on the I-864 – 2

Suing on the I-864 – 3

Suing on the I-864 – 4

Video

https://youtu.be/zcHrj4lnEaU

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Greg McLawsen

Greg is recognized as the leading national authority on enforcement of the Form I-864, Affidavit of Support. Greg represents low-income green card holders in lawsuits to recover support from their sponsors. Practicing family-based immigration law, Greg also focuses on helping married and engaged couples with U.S. immigration.

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Can you enforce the Form I-864 Affidavit of Support in a divorce case?
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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…
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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…
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