Sarraf Gentile

[Also available on Facebook.] No, you have a right to enforce the affidavit of support filed on your behalf. Win or lose, I have not seen a scenario where a good faith enforcement case would cause the government to negatively factor it into your current or future immigration status.  

Pursuant to the I-864 Affidavit of Support, the sponsor agrees to provide support to maintain the sponsored green card holder at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable.

[Also available on LinkedIn.] This is a great interview going through the best practices for EB-5 redeployments. The interview is largely given from the perspective of the fund managers. However, the interview also makes it very clear just how difficult it can be for investors to understand and protect their rights in the event of […]

[Also available on LinkedIn.] What was the process the fund manager engaged in to determine the fairness of the terms of the deal? How does the fund manager stand to profit from the redeployment? Does a conflict of interest exist? Did the fund manager secure an independent evaluation of the fairness of the process and […]

[Also available on LinkedIn.] If your Eb-5 investment was redeployed and your fund manager sat on both sides of the transaction, that is a fundamental conflict of interest. In that situation, it makes sense to have an attorney who is familiar with breach of fiduciary duty lawsuits vet your situation to evaluate the process and terms […]

I-864 enforcement actions frequently occur while an I-751 petition is pending. This video has some tips regarding navigating this intersection when your sponsor spouse is hostile.  

Sponsors for temporary nonimmigrant visas such as K-1 fiance or K-3 spousal visas generally must complete an I-134 affidavit of support. If a sponsor executes an I-134, but not an I-864, is the affidavit enforceable by the sponsored beneficiary? I-134 affidavits have generally been held to be unenforceable. Courts have determined that the language of […]

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 […]