I-864 Litigation and Attorney Fees
Litigation involving the Form I-864, Affidavit of Support (commonly known as the I-864), can result in the awarding of attorney fees to either party under certain circumstances. Here's how attorney fees can be involved in federal litigation related to the I-864:
Breach of Contract Claims: When a sponsor fails to meet their obligations under the I-864, the sponsored immigrant or the government can file a lawsuit against the sponsor to enforce the support obligation. If the court finds that the sponsor breached the contract, it may order the sponsor to reimburse the sponsored immigrant for the support provided and for attorney fees incurred in bringing the lawsuit.
A Frivolous Claim for Breach of Contract: When a third-party beneficiary brings a claim against a sponsor that clearly has no merit in fact or in law the sponsor may be entitled to attorney fees from the beneficiary .
Attorney Fees from the Beneficiaries Attorney: The I-864 is a complicated piece of legislation. Much of the contract has not been litigated by the courts and remains open to new argument. However, much of the contract’s peramaters are clear to an attorney. Many attorneys in the area of law are eager to represent the beneficiary on a fee contingency bases and at an hourly rate thus double dipping. This is a lucrative representation when the sponsor has resources. However, a word of caution. An attorney who knowingly brings a frivolous lawsuit against a sponsor may be liable for attorney fees and costs to be paid to the sponsor.
Judicial Discretion: The I-864 Affidavit of Support legislation found in the INA contains a provision for attorney fees.
It's important to note that the availability of attorney fees in litigation related to the I-864 can vary depending on the specific facts of the case, the jurisdiction in which the case is filed, and the discretion of the presiding judge. Therefore, individuals involved in I-864 litigation should consult with an experienced immigration attorney such as Kyndra L Mulder, Esquire to understand their rights and potential for recovering attorney fees.
