I-864 Affidavit of Support Obligations & Bankruptcy

[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 […]

EB-5 Fraud — Investors Can Sue

[Also available on LinkedIn.] This SEC alert is old news. However, it is worth revisiting because the threat of investor immigrant fraud still exists in the EB-5 space. Private lawsuits on behalf of immigrant investors have had a good track record of success. There’s no good reason to tolerate being a victim of a scam. […]

When Does the Financial Obligation Under the I-864 Affidavit of Support Become Irrevocably Binding?

[Also available on Facebook.] The Sponsor’s financial obligations to the sponsored immigrant do not begin until the immigrant obtains green card status (conditional or permanent). It is not binding upon execution and submission. The sponsor may withdraw the affidavit at any point up to the time the sponsored immigrant is granted green card status based […]

I-864 Affidavit of Support Enforcement Tip

[Also available on Reddit.] 8 CFR §213a.4(a) provides some additional encouragement for sponsors to honor their financial support obligations under the I-864 Affidavit of Support. If the sponsored immigrant sues and prevails in a final civil judgment, they are to notify the federal government of the judgment. Perhaps the federal government won’t take further enforcement […]

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