Category: New issues

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 […]

How does the immigration agency review I-864s? Here’s the actual answer.

This post coincides with a talk I’m giving at the annual conference of the American Immigration Lawyers Association. If you attended the conference and would like copies of any material referenced in the talk, please use the contact form on this website to get in touch with me.   Immigration attorneys know that the immigration […]

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 […]

USCIS to release updated Form I-864

The U.S. Citizenship and Immigration Service (USCIS) is in the process of finalizing a new version of the Form I-864.  (USCIS periodically revises all of it’s forms).  A preview of the draft form reveals some important changes.  You can download the draft form here: I-864 (2015 revision). The official rule-making notice is available here. The official Supporting Statement […]

Can you sue the I-864 sponsor after he dies?

Fox v. Lincoln Financial Group is perhaps the first case to address obligations by an I-864 petitioner after his death. Docket No. A-0 (Sup. Crt. N.J. Feb. 24, 2015), available at http://bit.ly/1J3c7mL (last visited May 26, 2015). In Fox the I-864 petitioner purchased a life insurance policy in 1992, naming his first wife as the policy beneficiary. He later divorced […]