Sarraf Gentile

[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 […]

[Also available on Facebook.] There is no legal requirement to “exhaust remedies” – i.e., make personal efforts or appeals to get a decision on a delayed immigration application. However, before filing a mandamus lawsuit to address an immigration delay, it is best to make such attempts and diligently document the efforts taken to move your […]

[Also available on Facebook.] VAWA petitioners who receive a prima facie determination notice (this comes at an earlier stage than a full VAWA approval) can qualify for “means tested” public benefits that were previously unavailable to them. Depending on your state, these valuable benefits can include Medicaid, TANF, public housing, food stamps and many others.

[Also available on Facebook.] Spoiler Alert: Confidentiality for abuse survivors is respected if you seek a waiver based on it. The abusive spouse is not notified of the filing. According to 8 CFR Sec 216.5(e)(3)(viii): As directed by the statute, the information contained in the application and supporting documents shall not be released without a […]

[Also available on Reddit.] Immigrants who remove conditions on their green card with an approved abuse waiver can still naturalize after 3 years of having a green card instead of 5. https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

[Also available on Facebook.] 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 […]

[Also available on LinkedIn.] There are some really interesting (staggering) statistics in this article regarding immigration case backlogs in 2021 compared to 2020. There is some food for thought here for those of us that litigate immigration delays or are counseling clients with long standing delays. If nothing else, the statistics show delays are here […]