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 […]
How the Government Fights Visa Fraud With Whistleblowers Who Can Get Awards
[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. […]
How Much Financial Support Are Sponsored Green Card Holders Entitled to Every Month?
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. […]
When is a sponsored immigrant entitled to financial support from their sponsor?
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 […]
If My I-751 is Denied, Does My Sponsor Still Need to Support Me Due to the 864 Affidavit of Support?
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.
EB-5 Investor Fraud- Action Step
[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 […]
A Potential Sea Change In Visa Fraud Cases
[Also available on LinkedIn.] If the reasoning of this case becomes widely adopted, there will be a sea change in how visa fraud cases are enforced in the future. In this case, the Court confirmed its previous conclusion that knowingly improper use of less expensive visas when more expensive visas are appropriate (for instance, using […]
EB-5 Investment Fraud, Red Flag #3 the “Hot Tip”
[Also available on LinkedIn.] Guarantees made based off of “inside” knowledge is a common fraud technique. Is it just good luck that you’ve met an advisor/attorney that is letting you in on a great secret opportunity? For example, your advisor knows that a project is a can’t miss opportunity because another huge new project (stadium, […]
Some Reasons NOT to File a Viable 864 Enforcement Action
In general, financially abandoned immigrant spouses should insist they be supported as promised. However, just because you can enforce a right to financial support doesn’t mean you should. Here are some situations where it may be wise to leave money on the table and not enforce your right to support as a green card holder. […]
EB-5 Investment Fraud Red Flag #2, Commission Breath
[Also available on LinkedIn.] “Commission breath” is a slang expression used in the sales industry to describe a salesperson that reeks of desperation and will say or do anything to close a deal. Many times this is expressed in slick tactics such as creating a false sense of urgency. For instance, a salesperson may attempt […]