[Also available on Reddit.] 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 […]

[Also available on Facebook.] The 751 process will generally go smoother with a finalized divorce over a pending one. Timing matters. In some states, one way to speed up the divorce process is to move to bifurcate it. Bifurcation will dissolve the marriage before others aspects of the divorce, such as property allocation, are resolved. […]

[Also available on Facebook.] Here are the sections to include to help get your case decided ASAP: 1) A Case Caption – identifying the court and the parties (more on those later) 2) Introduction – a concise explanation of what your case is about and what you want 3) Jurisdiction – the basis for the […]

[Also available on Facebook.] In order to have a valid VAWA petition, the petitioner needs to establish that their abuser is a US citizen or Permanent Resident. Especially for petitioners that no longer live their abuser, this can be difficult. Here are some tips on how to establish abuser status without access to a birth […]

[Also available on Facebook.] Child support is an obligation treated very seriously in US immigration law. It is absolutely critical that noncitizens keep a clear record of prompt and full child support payments if they owe child support because failure to do so could result in a failure to establish Good Moral Character. This can […]

[Also available on Facebook.] This can be easy to overlook, especially in the stressful situation of a separation. Immigrants, including green card holders, are required to notify USCIS of a change of address within 10 days of moving to that new address. If you overlooked this and are late, still file it. Here is a […]

[Also available on Facebook.] Although they largely overlap, it is best to include both Mandamus and APA claims in your complaint. Why? Proving a Mandamus claim requires the plaintiff to show that there are no alternative adequate remedies. Some courts have held that the APA provides an adequate remedy and have dismissed Mandamus claims for […]

[Also available on Facebook.] USCIS may terminate a person’s conditional green card at any time if it determines that: (1) the person got married just to get a visa; (2) the marriage has been judicially annulled, dissolved, or terminated, other than through the death of a spouse; or (3) a fee or other consideration was […]

[Also available on Facebook.] The 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 […]

We have just published an article in the February 2022 issue of the Nassau Lawyer on how to enforce the financial support obligations in the Form I-864, Affidavit of Support. You can view a copy of the issue here and a copy of the article here.  The full text of the article is below. OVERLAPPING […]