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. […]

[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 […]

[Also available on Facebook.]

[Also available on LinkedIn.] As with any significant investment, extensive due diligence is prudent before writing a check. There are several common red flags that should give any investor pause when they encounter them. One major red flag that can come up in the EB-5 context is if the developer has a limited or hard […]

[Also available on Reddit.] In 2016, the US Government Accountability Office (GAO) put together a report on USCIS’s efforts to detect and prevent fraud in the EB-5 immigrant investor program. The report pointed out some significant inadequacies and blind spots that leave immigrant investors vulnerable to fraud. It’s not clear to me how many of […]

There is a lot of flexibility when resolving a meritorious I-864 claim. At the end of the day, the specifics of each case will determine the best settlement structure. Ultimately, the goal is to create as much financial security as possible for the immigrant green card holder while they try to become financially self sufficient. […]

One event that can end the financial support obligations created by the Form I-864, Affidavit of Support, is if the sponsored immigrant (typically a spouse) has worked, or can be credited with, 40 qualifying quarters. This is the equivalent of 10 years worth of work.    

EB-5 Class Actions [Also available on LinkedIn.] Anyone expect to see an increase of class action litigation related to EB-5 investment fraud in the coming years? Cases alleging this seem to come to light in drips every year. There is clearly volatility in the space and that may accelerate latent frauds or fiduciary breaches to […]

[Also available on Reddit.] Can A Sponsor Avoid I-864 Financial Support Obligations By Declaring Bankruptcy? It depends. Some courts have held that financial support owed to spouses under the affidavit of support is akin to domestic support obligations and therefore NOT dischargeable in bankruptcy. Non domestic support obligations (such as for a sponsored siblings), presumably […]

There is no exhaustion requirement to fulfill in order to bring a viable claim for financial support through the I-864 contract. This means that if your spouse or ex spouse is not fulfilling their financial obligation to you, you do not need to alert or depend on any government agency before suing and collecting on […]