Your I-864 Lawyer
Experience and Personal Attention is Our Winning Strategy.
The I-864 is a Contract:
The I-864 is a contract between a sponsor and the U.S. Government. The immigrant, who is a third-party beneficiary to the contract, has standing to sue to enforce the contract even though he or she is not a party to the contract.
When determining your defenses to enforcement of the contract, it is important to keep the purpose of contract in mind. Congress created the I-864 to protect the American taxpayer from becoming responsible for the support of an immigrant brought into the United States by a petitioner - sponsor. This purpose raises the critical question; Is the immigrant in danger of becoming a burden to the taxpayer?
Defenses to Enforcement
Any defenses to enforcement of the I-864 that may be available to you will depend on your unique situation. Some possibilities are:
1) The immigrant, in the past, did not qualify for means tested government benefits and is not entitled to a lump sum payment of retroactive support.
2) You have provided the immigrant with 125% financial support.
3) The immigrant has resources available from other sources.
4) A co sponsor or household member may be totally or partially responsible to support the immigrant.
5) The immigrant may have earned or aquired forty (40) quarters of employment.
6) In your divorce settlement, your spouse received assets and or funds that equal 125% of the poverty guidelines.
7) The immigrant has not reported all of his or her income on a federal tax return. Or,he or she works for cash and does not claim her income on her federal tax return.
8) The immigrant has income that was/is not taxable.
9) The immigrant is employed.
10) You have unique circumstances that offset your obligation.
Most defenses to a general breach of contract claim are not available to the I-864 sponsor. HOWEVER, when it comes to attorney fees unclean hands may be asserted.
The Rights of the Beneficiary:
The Immigrant Beneficiary has a right to be supported by the sponsor at 125% of the poverty level as established by the SSA on an annual basis. The sponsor’s obligation to support the immigrant does not end until or unless one of the following terminating events occurs:
The sponsored immigrant becomes a U.S. citizen, or
The sponsored immigrant can be credited with or aquires 40 qualifying quarters of work in the United States, or
The sponsored immigrant dies,
The sponsored immigrant ceases to be a lawful permanent resident AND permanently departs the United States, or
The sponsored immigrant is newly sponsored by a new petitioner.
The sponsored immigrant is entitled to support minus any offset of funds and in some case liquad assets that the immigrant has or has aquired.
Testimonials
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Ernesto Flores
Kyndra Mulder has been extremely helpful with a I-864 defense case. When first dealing with this case I was unable to find an attorney that had any type of knowledge in this field, I was referred to Kyndra and soon found out that she is one of the only attorneys in the entire country with expertise in this specific type of case. After a long battle she was able to obtain a very favorable and just outcome for me. I appreciate dealing directly with her and her prompt responses, she will keep you informed and is extremely professional, she makes you feel that she genuinely CARES about your case. I am immensely thankful with Kyndra and would highly recommend her to anyone dealing with any type of immigration case.
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Art Kiel
Very happy with the service that Kundera provided. She is very easy to get a hold of and very responsive. I have been using many different lawyers in the past and she is by far the best, highly recommended. Thank you once again for everything you did for me.
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Cameon Kasmar
Kyndra was very professional, helpful, and knowledgeable regarding the specific questions I had and the situation I was in. Other attorneys either offered very little in the way of helpful advice or outright didn't know how to answer my questions. She definitely knows her stuff and I recommend her as the first person you reach out to for a consultation.
Why Team with Mulder Law:
Commitment.
The Mulder Law commitment is to follow through with intention and focus. My commitment to my clients is to follow through with a purpose and a plan of action. I will listen to you in defining your purpose and we will build a plan together. The purpose and plan will be put in writing.
I will answer or promptly return your phone calls,
I will meet with you personally,
I will appear personally at your interviews and hearings.
Kyndra L Mulder, Esquire, is recognized as one of Kyndra L Mulder is recognised as one of Northeast Florida’s top immigration lawyers.
Experience.
There is no substitute for experience. Think of a weight lifter; the more the weight lifter works out the stronger s/he becomes and the more weight s/he is able to lift. It is the same with the practice of immigration law; the more practice the more knowledgeable and skilled the attorney becomes.
I have over 30 years experience and focus on immigration cases that require a waiver. I have developed a skill at identifying purpose, developing a plan, and implementing the plan.
Passion.
Kyndra L Mulder, Esquire is an Experienced Jacksonville Immigration Lawyer. She has been practicing for over 30 years. Attorney Mulder selects clients who offer a case that is challenging. She has a passion to be a part of your success.
Kyndra L Mulder, Esquire will personally listen to your story and advise you of your opportunities for success. She will be with you every step of the way.