NIWAP served as sole amicus in a case in which a California state family court judge imposed the duty to mitigate that applies in contract cases and alimony cases to an immigrant spouse, in this case a battered immigrant spouse, seeking to enforce the Affidavit of Support her husband signed with the U.S. Department of Homeland Security when he sponsored her to attain legal permanent residency status. The brief cited case law from other states and law review articles discussing current state family court practice allowing immigrant spouses to enforce affidavits of support in family court cases. The brief provided legislative history and social science data supporting the position imposing a duty to mitigate undermines the legislative purpose of the Affidavit of Support and in the case of battered immigrant spouses the Violence Against Women Act. This amicus contributed to a successful ruling from the California Court of Appeals (Sep. 26, 2016)
Affidavits of Support, Amicus Briefs, Battered Spouse Waiver, Case law, Divorce/Annulment/Marriage, Domestic Violence & Dynamics, Economic Relief, VAWA 2000, VAWA Self-Petition