A federal district court has issued a ruling that is very helpful to I-864 beneficiaries who turn to federal courts to enforce their rights. Hats off to Devon Slovensky for her great work on this case. There are generally two ways to “get into” federal court. One is if you have a defendant and a plaintiff from different states – called “diversity” jurisdiction. The second is if you are suing on a federal law basis, called “federal question” jurisdiction. People are often surprised to learn at some judges are unsure whether I-864 claims qualify as federal law claims. That’s seems somewhat odd, since a federal statute creates the Form I-864 and gives beneficiaries the right to sue.
Category: Case law update
Specific performance for I-864 obligation – Santana v. Hatch
In a December 13, 2016 order, an I-864 enforcement case in federal district court for the Western District of Wisconsin has been resolved. See Santana v. Hatch, No. 15-cv-89-wmc (W.D. Wisc. Dec. 13. 2016) (memo. op.). Following an April order granting partial summary judgment to the immigrant-plaintiff, the only remaining issues were a damages calculation and specific […]
Suing on the I-864, December 2016 update
We are publishing an update to our 2012 article, Suing on the I-864, Affidavit of Support. That original article, along with a February 2014 update, is available on our website here. The current article reviews all United States case law concerning enforcement of the I-864, going back to publication of the last article. Together the […]
Shah v. Shah, No. 12-cv-4648 (RBK/KMW) (District of New Jersey)
Shah v. Shah, arose in the District of New Jersey. No. 12-4648 (RBK/KMW) (N. N.J., Oct. 30, 2015). Although the plaintiff appeared pro se, the case addresses two important issues: waiver of I-864 rights and the interplay between conditional residence status and I-864 damages. Court orders for download: Jan. 14, 2014 Memorandum Opinion Oct. 30, […]
Pennsylvania case shows trap I-864 sponsors, tool for divorce attorney, caution for immigration attorneys
A recent Pennsylvania case illustrates one way that family law attorney can fruitfully use the I-864: to catch sponsors who under-report income and assets in divorce cases. F.B. v. M.M.R. involved a United States citizen (USC) who petitioned for his foreign national (FN) Egyptian wife. No. 31715 (Mar. 17, 2015 Penn. Sup. Crt.). The background is […]
Motion to Dismiss denied in Federal I-864 litigation
In Du v. McCarthy, a Federal District Court in the Northern District of West Virginia has refused to dismiss a lawsuit brought against an I-864 sponsor. No. 2:14-cv-100 (N.D. W. Va. Mar. 26, 2015) (report and recommendations). [The magistrate’s recommendations were upheld by order of a district court judge issued April 16, 2015]. The case raises […]
Colorado River abstention applies. Pavlenco v. Pearsall (E.D.N.Y. Nov. 27, 2013).
In Pavlenco v. Pearsall the District Court for the Eastern District of New York has offered the most detailed analysis to date on the application of abstention doctrines in the context of suing on the I-864. No. 13-CV-1953 (JS)(AKT), 2013 WL 6198299 (E.D.N.Y. Nov. 27, 2013) (memo. order). In Pavlenco the parties had a pending state […]
No issue preclusive effect following divorce trial. Yuryeva v. McManus (Texas).
In Yuryeva v. McManus a Texas appeals court stated clearly – although in dicta – that an immigrant-beneficiary could bring a subsequent contract action on the I-864 despite failing to raise enforcement in the context of her divorce proceeding. No. 01-12-00988-CV, 2013 WL 6198322, at *7 (Tex. App. Houston 1st Dist. Nov. 26, 2013) (memo. […]
What is household size? Erler v. Erler (N.D. Cal. Nov. 21, 2013).
In Erler v. Erler a District Court provided the most detailed discussion to date of the calculation of household size for determining the level of support obligations under the I-864. CV-12-02793-CRB, 2013 WL 6139721, at (N.D. Cal. Nov. 21, 2013). The court began by recognizing that there is no single definition of “household size” for purpose […]
Claim preclusion re defense of fraud. Erler v. Erler (N.D. Cal. Nov. 21, 2013).
A number of cases have addressed claims that a sponsor was fraudulently induced to sign an I-864, Affidavit of Support. In dicta, a District Court has suggested that a defendant-sponsor waives his right to raise the defense of fraud in the inducement if he fails to assert that defense in a preceding dissolution action. In […]