Ronen

When Does the Financial Obligation Under the I-864 Affidavit of Support Become Irrevocably Binding?

[Also available on Facebook.] The Sponsor’s financial obligations to the sponsored immigrant do not begin until the immigrant obtains green card status (conditional or permanent). It is not binding upon execution and submission. The sponsor may withdraw the affidavit at any point up to the time the sponsored immigrant is granted green card status based […]

I-864 Affidavit of Support Enforcement Tip

[Also available on Reddit.] 8 CFR §213a.4(a) provides some additional encouragement for sponsors to honor their financial support obligations under the I-864 Affidavit of Support. If the sponsored immigrant sues and prevails in a final civil judgment, they are to notify the federal government of the judgment. Perhaps the federal government won’t take further enforcement […]

EB-5 Visa Litigation

[Also available on LinkedIn.] If you take some time to go through these cases individually, they are really fascinating from a litigator’s perspective. There are lots of potential tactical options to pursue in these case. Numerous federal and state causes of action. They can be pursued as groups, class actions or as individual whistleblowers. The […]

Seeking a Waiver of the I-751 Joint Filing Requirement

[Also available on Facebook.] The I-751 generally must be filed with both spouses jointly in order for the beneficiary spouse to remove conditions on their green card. Sometimes, this is not possible. There are multiple options for seeking a waiver of the joint filing requirement. If appropriate, you can seek a waiver on more than […]

A reason to try and avoid an at fault based divorce if possible…

[Also available on Facebook.] An at fault divorce can affect your ability to naturalize. For example, a finding that the immigrant committed adultery that destroyed the marriage can, in some cases, prevent the immigrant from establishing Good Moral Character. Good Moral Character is a prerequisite to naturalizing. https://www.uscis.gov/policy…/volume-12-part-f-chapter-5

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