A new initiative by Citizenship and Immigration Services (USCIS) could mean that government agencies will be suing I-864 sponsors. The program is referred to as the Systematic Alien Verification for Entitlements (SAVE) initiative. By signing the I-864 – a contract with the U.S. government – a sponsor makes two promises. First, he promises to ensure […]
Author: gmclawsen
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 you’re an immigrant looking to enforce your financial rights against a sponsor, you should go […]
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 the lawsuit is filed. In the remainder of cases there is at least some “motions […]
Another I-864 claim lost in divorce court – Mullonkal v. Kodiyamplakkil
It is a theme we have commented on many times on this website. 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 case arising in Placer County, California. C085825 (Cal. 3d App. […]
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 terms of the I-864 and federal law. No. 04-19-00097-CV (Tex. App. Apr. 1, 2020). The […]
Another federal court holds that nuptial agreements cannot waive I-864 support rights
In Golipour v. Moghaddam, yet another federal court has directly held that an I-864 beneficiary cannot waive her rights in a nuptial agreement. No. 4:19-cv-00035-DN-PK (D. Utah Feb. 7, 2020) (granting and denying in part cross-motions for summary judgment). This case arose recently in the District of Utah. Download the decision here. In Golipour, the […]
Covid-19 has left me unemployed – can I get support under the Form I-864?
The Covid-19 pandemic has devastated the U.S. economy, leaving millions without jobs. If are in the United States through family-sponsored immigration – such as a petition from a former spouse – you are very likely the beneficiary of a Form I-864, Affidavit of Support. While this form is in effect, your sponsor is required to […]
More res judicata fights – Levin v. Barone & Greiner v. De Capri
Courts continue to grapple with when a prior family law (divorce) case may pose a res juidcata problem for an I-864 plaintiff. Levin v. Barone. In Levin v. Barone, 2019 U.S. Dist. LEXIS 169573 (S.D.N.Y., Sept. 30, 2019), the plaintiff sought I-864 enforcement. In a prior proceeding (“Levin I”), the United States Court of Appeals […]
Plaintiff win on abstention and income calculation – Al-Aromah v. Tomaszewicz
In Al-Aromah v. Tomaszewicz, 2019 U.S. Dist. LEXIS 154638 (W.D. Va. Sep. 10, 2019), the plaintiff Nadiah Al-Aromah (“Al-Aromah”) sought I-864 damages for a 6-month period that occurred prior to the time she filed for divorce from her husband – I-864 sponsor in a state court. The state court divorce proceedings were still ongoing, yet […]
No I-864 lawsuits for children? Buttany v. Barrackas
In Buttany v. Barrackas, 2019 U.S. Dist. LEXIS 190261, *5-6 (E.D. Cal., Nov. 1, 2019), the court concluded that a mother suing on behalf of her minor children, beneficiaries of an I-864, could not assert a breach of contract claim pursuant to the I-864, pro se. (“To the extent that plaintiff may be attempting to […]