immigration financial support - using the i-864 to transition to self-sufficiency
TRANSCRIPT
Greg McLawsenManaging attorney
Immigration Financial SupportUsing the I-864 to transition to self- sufficiency
A tool for helping survivors achieve independence
Greg McLawsenManaging attorney
We help greencard holders recover support under the Form I-864, Affidavit of Support
www.i-864.net
Based in Tacoma, WA, serving clients nationwideCollaborating with clients’ support team
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.
What is the Form I-864?A BINDING CONTRACT SIGNED IN ALL FAMILY IMMIGRATION CASES.
Grounds of “inadmissibility.”
Many flavors of inadmissibility.
1.Health-related grounds.
2.Criminal grounds.3.Security, etc. grounds.4.Immigration violators.5.Public charge.
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.”
Remember the 1990s?
Who will be the support net for immigrants?
American public? Visa petitioner.
Required in every family-based case.
Who is the sponsor?
1. Primary sponsor – the visa petitioner.
2. Joint sponsor – if visa petitioner has inadequate income.
The support duty.THE SPONSOR’S PROMISE TO PROVIDE INCOME.
First promise
Repay “means-tested public benefits.”1. Food Stamps. 2. Medicaid. 3. Supplemental
Security Income (SSI).4. Not emergency
disaster aid (for example).
Suits by the Federal government?(Executive order pending)
Second promise
Maintain immigrant’s income at 125% of Federal Poverty Guidelines.
125 Federal Poverty Guidelines (2016)
Family Size Annual Monthly Weekly
1 $14,850 $1,238 $2862 $20,025 $1,669 $3853 $25,200 $2,100 $4854 $30,375 $2,531 $5845 $35,550 $2,963 $6846 $40,725 $3,394 $7837 $45,913 $3,826 $8838 $51,113 $4,259 $983
Each Add'l $5,200 $433 $100
$1,238/month
Household of one
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.
When does it end?
Neither divorce nor separation terminates the support duty.
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.
How much compensation may the immigrant recover?POTENTIALLY ~$1,200 PER MONTH
What compensation may be recovered?
Measure of damages.
125% FPG (household size) per month
(-) Actual income= Recovery
Example.
6 months x ($1,238) (household 1) = $7, 428
Plus: order complying sponsor continue support payments.
“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
Is the beneficiary required to seek work?What if she wants to pursue school or English classes instead?
Enforcing the Form I-864HOW DOES AN IMMIGRANT ENFORCE HER RIGHT TO FINANCIAL SUPPORT FROM THE SPONSOR?
Enforcing the Form I-864.
Step (1) – You can always just ask.
What if you do have
to go to court?
(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.
Enforcing the Form I-864.
What if your client is getting divorced?
Dissolution case?Matter of Khan332 P.3d 1016(Wash. 2014)
Dissolution case?You can try to
negotiate it in the family law case, but hard to get a court
order.
Federal court.
Federal court. But federal court is
not the only option.
Enforcing the Form I-864.
This is a “federal law issue” so go to federal court.
Enforcing the Form I-864.
“Presumption of concurrency.”
State courts.
State courts. In Washington we
generally use Superior Court.
State courts. What about small
claims court?
What will the sponsor argue?
Identifying clients who could benefit.SCREEN CLIENTS AT INTAKE TO ASSESS WHETHER THEY MIGHT BE ENTITLED TO SUPPORT.
Number one question!
“Are you a U.S. citizen?”
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.
“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.
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.
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).
More (free) resources:1.https://i-864.net/resources/for-advoc
ates/2.Email or call with any question:
[email protected]; 1-844-557-36463.No confidential information please
before running a conflict check.
Questions?
Contact us toll-free at 1-844-557-3646
www.i-864.net