The I-864 Affidavit of Support

  • The I-864 is a Contract

    The I-864 Affidavit of Support is a Contract between a sponsor, co-sponsor, joint-sponsor, or family member and the U.S. Government.

    The immigrant is not a party to the contract. The immigrant is a third-party beneficiary to the contract with standing to enforce the contract in divorce proceedings or in federal court.

    The legislative intent in writing 8 CFR 213A was to insure that an immigrant, brought to the United States by the sponsor, will not become reliant on the American taxpayer for support. This is accomplished by making you responsible for the support of the immigrant you sponsored.

  • Should I Sign the I-864?

    When considering whether to sign the I-864, it is important to know how you can achieve full performance of the Contract so that it is terminated by operation of law as soon as possible.

    Attorney Mulder canassist you in making a plan.

    The Contract terminates by operation of law if one of 5 terminqting events occurs. You may also have facts that offset liability. Any offset will reduce the liability liability of the sponsor.

    Attorney Mulder is one of th. most knowledgable and expeienced attrneys in the country. and can assess your liability.

  • Defenses to Enforcement

    Before you sign you should be informed of the possible consequences.

    To determine whether you have defenses to enforcement of the Contract it is important to keep in mind the congressional intent of congress in creating the I-864: To protect the taxpayer from having to support the immigrant.

    Never settle a claim for breach of the I-864 Contract with the third-party beneficiary. Only the parties to the Contract have authority to settle.

    There may be defenses that do not terminate the contract but limit liability.

What to Look for in an I-864 Lawyer

Lawsuits brought in Federal Court to enforce the I-864 Affidavit of Support or in the context of divorce proceedings are becoming more common. This is a very unique area of Immigration Law and Contract Law. You will find that most immigration attorneys have no experience in the area and know very little about the I-864 Affidavit of Support. Look for an attorney that has experience in this area and approaches your defense from the Contract perspective.

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.

  • 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 34 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

    I have been practicing law for more than 34 years. At this stage in my career I have narrowed my practice and I am selective in the clients I choose to team with. My practice is narrowed to Immigration cases that require a waiver. If I choose to team with you, your case is my case and your victory is my victory. I will be with you all the way.

    If I can not represent you with passion, I will not take you as a client.