Mulder Law is your Defensive Weapon against Immigrant Fraud and I-864 Enforcement

The I-864 is a Contract: The I-864 is a contract between a sponsor and the U.S. Government. The immigrant is a third-party beneficiary to the contract and has standing to sue his or her sponsor to enforce 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 tax payer from becoming responsible for the support of an immigrant brought into the United States by a sponsor. This purpose raises the critical question; Is the immigrant in danger of becoming a burden to the taxpayer?

The Court will not consider whether the sponsor can afford to support the beneficiary or whether the beneficiary deserves to be supported. The court will determine whether the beneficiary is entitled to support by the beneficiary to prevent him or her from becoming a burden on 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. 1

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.

Kyndra L Mulder Esquire has successfully prevented lawsuits based on breach of the I-864 from ever being filed by the beneficiary. This is accomplished by taking a close look at your circumstances and the beneficiaries circumstances and letting the beneficiary know that you will fight for your rights.