Published on the World Journal Weekly on July 3, 2016

Q&A 1

Intending Immigrant Wants to Self-Sponsor Herself on I-864 for Financial Support Possible?

My husband is a U. S. citizen, but does not make much money, and we are concerned about the affidavit support that he will be signing for my immigration. I am in the U. S. as an F-1 student presently on OPT and earning a salary, but who will be going back to the University as a grad student in January 2017 with funding and graduate research for the next 4 years. Am I able to basically support myself since my income is enough for a household of 2 according to the poverty guidelines. The instructions on the form I-864 say that income like mine can be used if it “will continue from the same source after he or she obtains lawful permanent resident status.”

Dear reader:

As you are assumedly in the same household, I believe that you would be able to use your income even though you may have to explain to an immigration officer your rationale if you are asked questions concerning it either before an interview on a request for initial evidence or during an interview. From the time of filing for adjustment of status to an interview is approximately 9 months in most parts of the country. So by the time of your interview, I assume that you will be in graduate school and making money from another source. You would likely have to bring whatever proof of income that you have to the interview in the event that the affidavit of support is questioned. Another way to handle the situation is to obtain a cosponsor's affidavit of support. Perhaps such could be given by your husband's parents, other relatives, or friends.

Q&A 2

Mother is Here As Overstayed H-2B Worker Can She Get Her Green Card Without Leaving the Country?

I just turned 21 and was born here in this country. My mother came into the country as an H-2B worker before I was born and never left. Am I able to petition for her, and is she able to stay here to change her status to permanent residence without leaving the country? Does the fact that she came to the U. S. as an H-2B worker and overstayed give her a problem?

Dear reader:

The law only requires that the immediate relative of a US citizen (parent, spouse, or child under the age of 21 and unmarried), in this case your mother, enter the US legally. As she entered on an H-2B visa, you would be able to sponsor her for permanent residence and she could apply for adjustment of status since you are 21 years of age. The fact of her overstay is excused as she fits into the category of immediate relative of a U. S. citizen.

Q&A 3

Green Card Expires Next Week Does That Mean That I Am Illegal?

I got my green card and forgot to check its validity date until I had to use it last week (identification purposes) and saw that it was expiring next week. What should I do? Does that mean that I will become illegal next week?

Dear reader:

Just because a green card expires does not mean that the individual is illegal. With most types of green cards, you can easily resolve the situation by filing for an I-90 application to replace the permanent residence card. If you had a two-year green card based upon marriage or investment, you should file the next forms (I-751 for marriage green cards and I-829 for investor green cards) for the same effect. The latter two types of green cards should be filed on time and if not, an explanation should be attached. Other types of green cards can be filed late, usually without much consequence.

Q&A 4

Company With Multiple Branches Wants to Know Which One Sponsors Person for Green Card Where Person Will Perform Services in All Branches.

Our company is located in the state of New Jersey and is thinking about sponsoring someone for employment green card. We know that we will have to go through the PERM process in which we will have to file a labor certification application. The headquarters is in New Jersey, but the person who does the job will ultimately be splitting time between headquarters and our 2 branch offices in Pennsylvania and Florida. Which location should do the sponsoring?

Dear reader:

If the company does not know exactly where the individual is going to be assigned, or if the person will be traveling from office to office, the PERM application should be done from the headquarters location. If there is one specific location where the work will be, the PERM application would be started in the state where the workplace is located. Where the employee will be in more than one office, the conditions of travel should be clear on the recruitment advertising.


Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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