Immigration Law

Recent Posts

Affidavit of Support Enforcement Victory: Flores v. Flores
Posted on 10 Mar 2022 by Daniel M. Kowalski

Flores v. Flores "Plaintiff Ms. Flores initiated this action to enforce her estranged husband's duty to provide financial support under the I-864 Affidavit of Support. ... Plaintiff seeks $5,035.20 in damages, declaratory relief, and an "order... Read More

No Defenses in I-864 Lawsuits: Asilonu v. Asilonu
Posted on 27 Jul 2021 by Daniel M. Kowalski

Greg McLawsen writes: "While not a topic on most imm lawyer's radar, here's an interesting update from the I-864 enforcement world. The M.D. N.C. has joined courts in the 9th Circuit to hold that there are zero affirmative defenses available... Read More

DHS Withdraws ‘Affidavit of Support’ Proposed Rule
Posted on 19 Mar 2021 by Daniel M. Kowalski

USCIS, Mar. 19, 2021 "The Department of Homeland Security (DHS) today announced the withdrawal of the affidavit of support proposed rule, consistent with DHS’s commitment to reduce barriers within the legal immigration system that placed... Read More

Affidavit of Support Fee Refund: DOS
Posted on 28 Jan 2021 by Daniel M. Kowalski

State Department, Jan. 27, 2021 "When the Department of State's and Department of Homeland Security's public charge rules went into effect on February 24, 2020, Form I-864W was eliminated from U.S. government use. Those applicants who were... Read More

Affidavit of Support Proposed Rule
Posted on 1 Oct 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Proposed Rules "The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing the affidavit of support requirements under section 213A of the Immigration... Read More

An Expert Comments on Proposed Affidavit of Support Revision
Posted on 21 Apr 2020 by Daniel M. Kowalski

David Isaacson, Apr. 20, 2020 "USCIS has recently proposed changes to the Form I-864 , Affidavit of Support Under Section 213A of the Act, which is used by petitioners in family-based immigration cases and certain employment-based immigration cases... Read More

USCIS Proposes More Burdensome Affidavit of Support Requirements
Posted on 10 Apr 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 "Changes to the Form I–864 and Form I–864EZ include collection of bank account information from sponsors, information about previously submitted Affidavits, and optional submission... Read More

DOS Updates FAM re Affidavit of Support (Feb. 26, 2020)
Posted on 26 Feb 2020 by Daniel M. Kowalski

9 FAM 601.14-13 CHECKLIST FOR REVIEWING THE AFFIDAVIT OF SUPPORT (CT:VISA-1020; 02-26-2020) Documents Required for a Proper Affidavit of Support : (1) Proper Affidavit of Support: (a) Form I-864: All pages, completely filled out, in correct... Read More

Matter of Song, 27 I&N Dec. 488 (BIA 2018)
Posted on 19 Nov 2018 by Daniel M. Kowalski

Matter of Song, 27 I&N Dec. 488 (BIA 2018) An applicant for adjustment of status who was admitted on a K-1 visa, fulfilled the terms of the visa by marrying the petitioner, and was later divorced must submit an affidavit of support from the petitioner... Read More

CA9 (2-1) on Affidavit of Support, Household Size: Erler v. Erler
Posted on 10 Jun 2016 by Daniel M. Kowalski

Erler v. Erler, June 8, 2016 - Court staff summary: "The panel vacated the district court’s summary judgment in favor of the defendant in an action to enforce a sponsor’s duty to provide financial support to an immigrant under an “I... Read More

New HHS Poverty Guidelines
Posted on 26 Jan 2012 by Daniel M. Kowalski

"This notice provides an update of the Department of Health and Human Services (HHS) poverty guidelines to account for last calendar year’s increase in prices as measured by the Consumer Price Index. DATES: Effective Date: Date of publication... Read More

New Blog Devoted to I-864 Affidavit of Support
Posted on 5 Feb 2014 by Daniel M. Kowalski

You thought you knew everything about I-864s. You were wrong. Check out Greg McLawsen's blog . Read More

I-864 Affidavit of Support Victory in Maryland: Toure-Davis v. Davis
Posted on 1 Apr 2014 by Daniel M. Kowalski

"[T]he Form I-864 is a contract between the sponsor (in this case, Defendant) and the U.S. Government. 8 C.F.R. § 213a.2(d). This obligation of support, imposed by federal law, is separate and apart from any obligation of support imposed under... Read More

NVC: Ink Signature No Longer Required on Affidavits of Support
Posted on 29 Dec 2016 by Daniel M. Kowalski

State Department, Dec. 28, 2016 - "As part of our ongoing efforts to be responsive to customer needs in immigrant visa processing, the Department of State is pleased to announce that original or “wet ink” signatures are no longer required... Read More