A green card holder can sue their Form I864 sponsor for financial support. 8 USC 1183a(e)(1) gives the immigrant a "private right of action," which gives the ability to sue the sponsor in state or federal court. The government does not help the immigrant bring such a lawsuit, but 8 USC 1183a(c) allows the immigrant to recover attorney fees and costs of their lawsuit. A lawsuit under the Form I864 proceeds like any other civil litigation: it begins with a complaint, which sets forth the basis of the lawsuit, and proceeds through discovery (information exchange) and ultimately a judgment from motions practice or a trial. In reality, the vast majority of federal lawsuits result in settlement at some stage of the process, where the sponsor voluntarily agrees to pay the immigrant rather than continue to fight litigation.
Do you have a claim for financial support under the Form I864? Find out. Get started on your free case assessment at https://lnkd.in/gFTBFbc9
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Greg McLawsen
The Affidavit of Support Lawyer™
Licensed in Washington State
Admitted to: U.S. Supreme Court | Ninth Circuit
F.D.C. for District of Columbia | E.D., N.D., SD. & W.D. Texas
W.D. Washington | E.D. Washington | W.D. Wisconsin
Sound Immigration (www.soundimmigration.com)
113 Cherry St. ECM# 45921 | Seattle, WA 981042205
[email protected] | 18558095115