Joseph Gentile sat down with divorce journalist Ilyssa Panitz of Authority Magazine to discuss “Immigration Divorce” — the intersection of immigration and the process of gaining US residency through marriage, sponsorship and the financial issues that come with the Immigration Form I-864, Affidavit of Support. The full article can be viewed here, as well as […]

Many immigrants come to the U.S. with the promised support of a sponsor. These “sponsors” are frequently spouses. They sign a Form I-864, Affidavit of Support. This document states that the sponsor will financially support the immigrant if the immigrant is unable to earn enough to live. The Affidavit of Support is a critical part […]

Under the Form I-864, Affidavit of Support, a sponsor owes a sponsored immigrant enough financial support to ensure that the sponsored immigrant earns (in 2022) a little over $1,400 a month for a household of one. That amount is reduced by the amount of income the immigrant earns. The law defines “income” to generally mean […]

[Also available on LinkedIn.] This is promising and should take a lot of people out of limbo. Hopefully this will result in a bunch of long delayed green cards and investor redemptions being issued in the near future. Congress Set to Revive EB-5 Program Giving Green Cards to Foreign Investors

It’s hard to overstate how life changing a well timed cash infusion can be for financially struggling immigrants that are going through divorce or are in the process of trying to escape an abusive situation. For those people, privately enforcing the I-864 affidavit of support could provide the financial safety net they need to make […]

[Also available on LinkedIn.] This is an example of the DOJ using the False Claims Act (FCA) to extract a large penalty for misusing B visas in place of more expensive H1-Bs. This case was also initiated by a whistleblower. Here, the whistleblower was in line to receive a six figure award for their assistance. […]

Immigrants who are sponsored for their green cards are entitled to financial support from their sponsors due to the I-864 Affidavit of Support contract. If the sponsor does not comply, the immigrant can sue the sponsor to enforce the support obligation. The obligation is most frequently enforced in the situation of marital separations and divorces. […]

A sponsor’s contractual obligations under the I-864 affidavit of support do not begin until and unless the intending immigrant obtains conditional or permanent green card status. At that point, the sponsor can no longer withdraw their submission and the contract is binding, potentially for life. The obligation does NOT end in the event of divorce […]

Yes, even if your 751 is denied, your sponsor is still obligated to support you. That obligation will likely continue unless and until you are deported.

[Also available on Reddit.] If you suspect that the project you invested in is being grossly mismanaged or subject to a fraud, consider making a books and records demand. These demands, if made for a proper purpose, can force management to produce documents useful to either put a valuation on your investment or to aide […]