Sarraf Gentile

[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 […]

[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 […]

[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, […]

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. […]