In Anderson v. Anderson, 2019 U.S. Dist. LEXIS 193910 (W.D. Wash., Nov. 4, 2019), following Anderson v. United States, 2017 U.S. Dist. LEXIS 211102 (W.D. Wash., Dec. 22, 2017), the U.S. District Court for the Western District of Washington addressed two main principles of I-864 jurisprudence. First, the decision elaborated upon the definition of “income” […]
Author: gmclawsen
I-864 defendant cannot avoid liability by claiming marriage fraud, holds Ninth Circuit
The Ninth Circuit Court of Appeals has upheld a ruling that I-864 defendants may not escape liability by claiming that they were defrauded into a marriage.
USCIS now educates green card applicants about the I-864
USCIS has started to advise green card applicants about their rights under the Form I-864.
54% of I-864 plaintiffs lack legal representation
Most I-864 plaintiffs go to court without the assistance of a lawyer. Research shows that they face significant challenges within the federal court system.
Raising I-864 in alimony order presents an unfair pickle
A recent case shows the risk when immigrants raise the Form I-864 in the context of family law proceedings. Once again, a family law court has enforced the Form I-864… but only sort of. Can we or can’t we raise the I-864 in divorce court? The Form I-864 is required in all family immigration cases. […]
Belevich v. Thomas – Prejudgment interest and other good I-864 holdings
On June 20, 2019 a judge for the Northern District of Alabama handed down a decision on the first I-864 litigation in that state (whether federal or state court). The order, Belevich v. Thomas, touches on a number of interesting and helpful points of law. Download the decision here. Background. The Plaintiff was the beneficiary […]
White House: new rules for seeking reimbursement of welfare from Form I-864 sponsors
The White House announced today that it will be creating new rule about enforcement of the Form I-864. These new rules will relate to the obligation of the Form I-864 sponsor to repay the cost of means-tested benefits (“welfare”) paid to a sponsored immigrant. (The full text of the announcement is below). Note: These rules […]
Another Court rules that “fraud” is not a defense in I-864 cases
Another U.S. federal court has ruled that Form I-864 sponsors cannot avoid liability by alleging that they were defrauded into signing the Form I-864. In Anderson v. USA, et al, Judge Robert Lasnik dismissed a long list of affirmative defenses and counterclaims advanced by the defendant. 2:17-cv-00891-RSL (W.D. Wash. Feb. 25, 2019) (Order Regarding Affirmative […]
Hiring: Advocacy Liaison
Immigration Support Advocates is now hiring a part-time Advocacy Liaison. Help our national legal team connect community advocacy groups with resources that will help their immigrant clients.
California federal court: “fraud is not a defense to the I-864.”
This important ruling means that a sponsor cannot avoid his obligation by raising arguments about the immigrant’s subjective intentions in getting married. The decision will make it easier for immigrants to move their cases to completion and get the support needed to build self-sufficient lives.