Landmark Victory for Immigrant Survivors of Abuse

CA appellate decision ensures rights of immigrants; helps immigrant domestic violence victims flee abuse

Kumar Co-counsel Shuray Ghorishi, Edwin Steussy, and Protima Pandey

Oakland, CA (July 29, 2017) — A new decision from California’s First District Court of Appeal makes it easier for immigrant survivors of domestic violence to obtain the financial support needed to leave abusive relationships and remain in the United States.

In the first ever ruling of its kind in California, Kumar v. Kumar ensures the rights of immigrants who are brought into the U.S. by a spouse or loved one who signs a federal immigration form I-864 Affidavit of Support, promising to financially support the new immigrant at slightly above poverty level for 10 years. The landmark ruling guarantees that the Affidavit of Support is an enforceable contract in California family courts, meaning family court judges can now require the immigrant’s sponsor to support the immigrant spouse financially whether or not the parties remain together.

The decision is extremely important for low-income immigrants across California who are unable to leave abusive relationships because they are trapped by their financial situation and limited resources.

“We wanted to help our client get the financial support she’s owed so she can stay in this country and continue the life she’s built here,” said Erin Smith, Executive Director of Family Violence Appellate Project, the nonprofit that represented the domestic violence survivor along with Bay Area Legal Aid and Orrick, Herrington & Sutcliffe, LLP.

“Our client’s courage and perseverance will allow many Californians the ability to achieve economic stability and live a life of dignity in this country,” said Protima Pandey, Regional Immigration Counsel and Managing Attorney at Bay Area Legal Aid. “Because the case stems from a federal immigration contract, the ruling can be persuasive for sponsored immigrants nationwide.”

Kumar also ensures that a breach of the Affidavit of Support contract can be brought up in an ongoing family court matter, rather than requiring the filing of a separate state or federal lawsuit — a process that’s often too expensive for low-income immigrants to pursue. Additionally, the ruling says sponsored immigrants have no duty to mitigate damages by seeking employment.

The unprecedented decision will not only open doors for low-income immigrants throughout California who need to flee dangerous and abusive relationships; it also helps to ensure that they do not need to rely on state or federal assistance for survival. Instead, family courts can now require the immigrant’s sponsor to provide support of at least 125% above federal poverty guidelines for 10 years, as promised in the Affidavit of Support.

The Kumar legal victory was a collaborative effort between Bay Area Legal Aid and Family Violence Appellate Project, with pro bono support from Orrick, Herrington & Sutcliffe, LLP. It was also supported by the National Immigrant Women’s Advocacy Project and Crowell & Moring LLP, who submitted an amicus (friend of the court) brief outlining the crucial policy issues involved.

MEDIA CONTACTS:
Linda Kim, Director of External Affairs and Pro Bono, Bay Area Legal Aid: lkim@baylegal.org; (510) 250-5218
Erin Smith, Executive Director, Family Violence Appellate Project: jeagle@fvaplaw.org; (510) 858-7358

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California Family Law Report: “Case of the Month” [September 2017]

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