[Also available on Facebook.] 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 […]
A reason to try and avoid an at fault based divorce if possible…
[Also available on Facebook.] An at fault divorce can affect your ability to naturalize. For example, a finding that the immigrant committed adultery that destroyed the marriage can, in some cases, prevent the immigrant from establishing Good Moral Character. Good Moral Character is a prerequisite to naturalizing. https://www.uscis.gov/policy…/volume-12-part-f-chapter-5
I-864 Enforcement if Abused or Divorcing
[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 […]
A Tip to Speed Up a Divorce If the Delay is Interfering with Immigration Benefits
[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. […]
The Anatomy of a Good Immigration Mandamus Complaint
[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 […]
VAWA Tip for those without access to a birth certificate or passport
[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 […]
Child support is an obligation treated very seriously in US immigration law
[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 […]
An easy to overlook immigration requirement
[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 […]
Tip For Filing a Mandamus Complaint to Address an Unreasonable Immigration Delay
[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 […]
Worst Case Scenarios for Conditional Green Card Holders
[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 […]