Category: Remedies

How do I enforce my rights under the Form I-864, Affidavit of Support?

By signing the Form I-864, the sponsor promises to ensure you have income at or about 125% of the Federal Poverty Guidelines – roughly $1,226 for a household of one. If your monthly income is below that amount, the sponsor is required to make up the difference. So – for example – if you earned $1,000 for a given, month, the sponsor would owe you $226.

So how do actually get financial compensation from the sponsor? Most basically, these cases proceed in four steps.

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 […]