Q&A’s published on Lawyers.com and the Epoch Times on July 19, 2019 1. Filing for My Brother And His Family, But One of Her Daughter Is U.S. Citizen. Should I Include Her in Application? 2. Fiancé(e) Visa 3.Petty Offense Exception

1. Filing for My Brother And His Family, But One of Her Daughter Is U.S. Citizen. Should I Include Her in Application?

Mr. Lee Answers:
On the I-130 petition, you are technically only applying for your brother. However, the I-130 petition does ask for information on all of his family members. So you should certainly include the U. S. citizen daughter on the I-130 form.

2. Fiancé(e) Visa

My fiancé lives is a Bulgarian citizen but lives in Spain. I want to bring him here so that my family can see us be married and because I already have a son from a previous relationship, I was hoping to have him live here with us. We were researching and came across the income requirements of a sponsor. This kind of destroys our hope because I am a single mom on state assistance and housing assistance. I have already traveled to see him in Spain and we plan to go again as soon as I can save up the money. Thankfully my family helped pay for it last time. What can we do? I read about joint sponsors however I am a bit confused with it. How does it all work? I currently live with my mom and son. However I support my son and we go joint with the bills and things.  Does that make my household 2 or 3 ? And when trying to figure out this number for the Poverty guideline, do I include my fiancé in this number? If I do, that would make it 3 or 4.

Mr. Lee Answers:
A joint sponsor is allowed to share income and assets with you if living in the same residence. The number of people in your household would be four – you, your son, fiancé and your mother. The income of both you and your mother should exceed the poverty guidelines for a family of 4. If not, assets can be counted at 1/5 value in addition to the income to meet the guidelines.

 3.Petty Offense Exception

 Plea “Not Guilty”. Offered deferred prosecution, and case dismissed 12 months later by city attorney (2012). I know this qualifies for the petty offense exception (no previous or subsequent contact with law enforcement). Under the current Administration, should there be any concerns for green card renewal? I am a legal permanent resident since 1980.

Mr. Lee Answers:
Who knows what the Trump administration will try next? However, that being said, your situation under current law should not preclude you from having your green card renewed.