A webinar in partnership with End Violence Against Women Now International.

1. Greg McLawsen
Managing attorney
Immigration Financial
Support
Using the I-864 to transition
to self- sufficiency

2. A tool for helping survivors achieve independence

3. Greg
McLawsen
Managing attorney

4. We help greencard holders recover support under
the Form I-864, Affidavit of Support
www.i-864.net

5. Based in Tacoma, WA, serving clients nationwide
Collaborating with clients’ support team

6. Overview:
1. What is the Form I-864?
2. The support duty.
3. How much compensation may the immigrant recover?
4. The nuts and bolts of enforcement.
5. Identifying those who could benefit.
6. Helping your clients understand their rights.

7. What is the
Form I-864?
A BINDING CONTRACT SIGNED IN ALL FAMILY
IMMIGRATION CASES.

8. Grounds of “inadmissibility.”

9. Many flavors of
inadmissibility.
1.Health-related grounds.
2.Criminal grounds.
3.Security, etc. grounds.
4.Immigration violators.
5.Public charge.

10. Public charge
inadmissibility.
“In general. Any alien who, in
the opinion of the consular
officer at the time of application
for a visa, or in the opinion of
the Attorney General at the time
of application for admission or
adjustment of status, is likely at
any time to become a public
charge is inadmissible.”

11. Remember the 1990s?

12. Who will be the support net for immigrants?
American
public? Visa petitioner.

13. Required in every family-based case.

14. Who is the
sponsor?
1. Primary sponsor – the
visa petitioner.
2. Joint sponsor – if visa
petitioner has inadequate
income.

15. The support duty.
THE SPONSOR’S PROMISE TO PROVIDE INCOME.

16. First promise
Repay “means-tested public
benefits.”
1. Food Stamps.
2. Medicaid.
3. Supplemental Security
Income (SSI).
4. Not emergency disaster
aid (for example).

17. Suits by the Federal government?
(Executive order pending)

18. Second
promise
Maintain immigrant’s income at
125% of Federal Poverty
Guidelines.

19. 125 Federal Poverty Guidelines
(2016)
Family Size Annual Monthly Weekly
1 $14,850 $1,238 $286
2 $20,025 $1,669 $385
3 $25,200 $2,100 $485
4 $30,375 $2,531 $584
5 $35,550 $2,963 $684
6 $40,725 $3,394 $783
7 $45,913 $3,826 $883
8 $51,113 $4,259 $983
Each Add'l $5,200 $433 $100
$1,238/month
Household of
one

20. When does it
end?
When the immigrant…
1. Becomes citizen.
2. Credited w/ 40-quarters
of work.
3. Abandons residency and
departs U.S.
4. Deported and gets new
sponsor.
5. Dies.

21. When does it
end?
Neither divorce nor
separation terminates the
support duty.

22. The Form I-
864 is a
contract.
1. Contract is between
Sponsor and U.S. gov’t
2. Has right to enforce.
3. The I-864 is an
enforceable contract.
Period.

23. How much
compensation may
the immigrant
recover?
POTENTIALLY ~$1,200 PER MONTH

24. What compensation may be recovered?

25. Measure of
damages.
125% FPG (household
size) per month
(-) Actual income
= Recovery

26. Example.
6 months
x ($1,238) (household 1)
= $7, 428
Plus: order complying
sponsor continue support
payments.

27. “Income.”
May count as income Probably does not
count
Employment Gifts from friends/family
Payments from sponsor Grant-funded shelter,
etc.
Arguably means-tested
benefits
Assets
Child support

28. Is the beneficiary required to seek work?
What if she wants to pursue school or English classes instead?

29. Enforcing the
Form I-864
HOW DOES AN IMMIGRANT ENFORCE HER RIGHT TO
FINANCIAL SUPPORT FROM THE SPONSOR?

30. Enforcing the Form I-864.
Step (1) – You can always just
ask.

31. What if you do have
to go to court?

32. (Yikes – who pays for all this?)
1. Filing fees normally waived
(IFP).
2. No up-front attorney fees
(contingent fees).
3. Minimal out-of-pocket costs.

33. Enforcing the Form I-864.
What if your client is getting
divorced?

34. Dissolution
case?
Matter of Khan
332 P.3d 1016
(Wash. 2014)

35. Dissolution
case?
You can try to negotiate it
in the family law case, but
hard to get a court order.

36. Federal court.

37. Federal court. But federal court is not
the only option.

38. Enforcing the Form I-864.
This is a “federal
law issue” so go to
federal court.

39. Enforcing the Form I-864.
“Presumption of concurrency.”

40. State courts.

41. State courts.
In Washington we
generally use
Superior Court.

42. State courts.
What about small
claims court?

43. What will the
sponsor
argue?

44. Identifying clients who
could benefit.
SCREEN CLIENTS AT INTAKE TO ASSESS WHETHER THEY
MIGHT BE ENTITLED TO SUPPORT.

45. Number one question!
“Are you a U.S. citizen?”

46. Who is the most likely plaintiff?
1. Greencard holder/“LPR.”
2. Unemployed/under-employed.
3. Challenges transitioning to employment.
4. Divorced or separating.
5. (Often) Short duration marriage.
6. (Often, sadly) Abuse in marriage.

47. “Conditional”
residency.
1.Marriage-based
immigrants, marriage 2
years or shorter.
2.2-year “conditional status.”
3.Must file the I-751 in 90-
day window before
expiration.

48. So what should I do?
1.Always screen for citizenship.
2.Was she married to a U.S. citizen or
immigrate through family?
3.If yes, get free case assessment & opinion
at www.i-864.net. Figure out early if there
is a possible claim.

49. How will client recover?
1.Negotiate or litigate pro se.
2.Local non-profit (maybe).
3.Local private counsel.
4.Contact us (www.i-864.net).

50. More (free) resources:
1.https://i-864.net/resources/for-advocates/
2.Email or call with any question:
support@i-864.net; 1-844-557-3646
3.No confidential information please before
running a conflict check.

51. Questions?
Contact us toll-free at 1-844-557-3646
www.i-864.net