[Also available on LinkedIn.] If you take some time to go through these cases individually, they are really fascinating from a litigator’s perspective. There are lots of potential tactical options to pursue in these case. Numerous federal and state causes of action. They can be pursued as groups, class actions or as individual whistleblowers. The […]
Seeking a Waiver of the I-751 Joint Filing Requirement
[Also available on Facebook.] The I-751 generally must be filed with both spouses jointly in order for the beneficiary spouse to remove conditions on their green card. Sometimes, this is not possible. There are multiple options for seeking a waiver of the joint filing requirement. If appropriate, you can seek a waiver on more than […]
Calculating a Sponsored Immigrant’s “Income” To Determine How Much an I-864 Sponsor Owes in Support
[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 […]