Recovering Immigration Financial Support
Last updated on 2015-07-01
About the Book
In 1996 the U.S. Congress created a new tool for ensuring that new immigrants would be financially secure. The Form I-864, Affidavit of Support requires U.S. citizens to financially vouch for family members whom they wish to bring to the country. Enforceable in both state and federal court, this binding contract may last for the entirety of the family member's life.
Topics covered in this book include:
- Duration of obligations. When does obligation of financial support commence, and when does it cease?
- Defenses. When an U.S. petitioner is sued under the Form I-864, what defenses may be raised?
- Damages. What amount may the family member recover if she sues her U.S. sponsor?
- Federal court jurisdiction. How do federal courts assess subject matter and personal jurisdiction in suits by I-864 beneficiaries?
- State court jurisdiction. May the family member use alimony as a mechanism to enforce the support obligation? May she otherwise sue her petitioner in state court?
- Issue and claim preclusion. Under what circumstances will litigation history prevent a family member from subsequently seeking enforcement of her support rights?
- Nuptial agreements and waivers. May the family member and petitioner agree to waive rights under the Form I-864?
This book is a resource to help family law and general practice attorneys understand the Form I-864. Drawn from material previously published in the ABA Family Law Qaurterly and Benders Immigration Bulletin, this book is the definitive guide to enforcing rights under the Form I-864. The book summarizes all available U.S. case law, published and unpublished.
Chapter 1 – Where does the I-864 come from?
- Context overview
Chapter 2 – Understanding the I-864 as a contract.
- Duration of obligation
- Calculation of damages
Chapter 3 - Enforcing the I-864
- Proving up the contract.
- Federal court
- Collectability of debt.
- Chapter 4 - Nuptial agreements & waivers.
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