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Immigration Law

No Defenses in I-864 Lawsuits: Asilonu v. Asilonu

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 to sponsors who are sued under the Affidavit of Support.  Historically courts have entertained affirmative defenses like fraud at the R 56 stage and beyond.  Now, the majority view - cemented by this opinion - is that affirmative defenses are categorically unavailable to sponsors.  They can avoid liability only by showing: (1) the immigrant had income at/over 125% poverty line; or (2) that the Affidavit has been terminated."