Should I Settle an I-864 Contract Dispute?
The intending immigrant overcame the public charge ground of inadmissibility into the United States because of your generosity. As an act of gratitude the now lawful permanent resident (LPR) is suing you for support based on the I-864 Affidavit of Support that you signed on his or her behalf.
You have been contacted by the LPR’s attorney who advised you that you have no defenses and you will save money if your settle.
The first bit of advise is; DO NOT speak to the attorney. If you do correspond with the attorney make sure ALL correspondence is in writing. Email or texting is sufficient. If you have oral conversations with the attorney, advise the attorney that you are recording the conversation. Remember this attorney is not your friend and is not looking out for your best interests.
The LPR is suing you for breach of contract in federal court or for support in divorce proceedings,The LPR Is NOT a party to the I-864 Contract that is the basis of the lawst. The LPR is a third-party beneficiary. This is important to keep in mind. It is basic contract law that only the parties to the contract can settle a dispute based on the terms of the contract. The LPR has no authority to settle.
The LPR, through an attorney or acting alone, may request a lump sum of money as the settlement of a dispute for past breach of contract. Let’s say you agree and pay the LPR through her attorney. This is what could happen:
The attorney takes a percentage of the funds paid to the LPR as fee. The LPR spends the remaining funds on a Caribbean cruise. The LPR returns from the cruise and is faced with reality. S/he is broke. The LPR can sue you again because s/he had no standing to settle in the first place. Secondly, if the LPR received means-tested benefits the government may sue you.
The foregoing is seriously unfair. It only makes since when you keep in mind the congressional intent of the federal statute that is the basis of the I-864 Contract; To protect the taxpayer from having to support the LPR. This principle provides both a basis for suing and a defense.
An attorney for the LPR may qualify what s/he means by “settlement.” S/he may mean that you should agree to pay what you owe in past support and start paying monthly support to the LPR. By doing so without litigation you will save on not having to pay the attorney’s fees. This is not technically a settlement in litigation terms. It is a quick and easy pay day for the attorney.
Do not agree to settle, it is worth your time and the expense to have Kyndra L Mulder, Esquire review your situation to determine whether you have any defenses or off-set to your obligation under the I-864 contract. The LPR’s attorney would like you to believe that you have no defenses or off-set. In my experience this is simply not the case. An ethical attorney representing the LPR will drop the lawsuit or not file it in the first place if the defendant shows a defense to the claim. If the attorney does not drop the claim s/he may be held personally liable for your attorney fees and costs because the claim is frivolous.
