1. Filed I-485s for Self and Daughter in Early February, Mine Accepted, Daughter Rejected – What to Do?
I filed I-485 adjustment of status application forms for myself and my 9 year old daughter in early February which also included two I-130 forms and I received the receipts in March for myself, but the whole package of my daughter came back because I did not sign her form. Should I sign the form and send it back in at this time? Also other questions – I know that the forms have changed and that there is a new one, I-944. Do I have to send that one in? I paid a lesser fee for her before because we were filing together. Her I-485 fee was $750 since she was filing with me. Now do I pay that or do I have to pay the $1140 filing for her filing alone? Finally do I have to say that she is not legally here on the form now since our visas expired in early March? When I filed for the first time, we were still legal. Can I still say the same now because it was only a technical error?
Mr. Lee Answers,
I will assume that you are married and that your US citizen spouse filed I-130 petitions for both you and your daughter in conjunction with your I-485 applications –otherwise there would be no need for the double l-130s. if so, your daughter is still eligible to file an I-485 application as she qualifies as an immediate relative of your spouse and immediate relatives can adjust status if they entered the US legally even if they have overstayed. Given the situation that there is nothing to lose in terms of statutory eligibility for you to begin again with your daughter, the best course is probably to refile for her using all the new forms that U.S.C.I.S. has mandated since February 24, 2020. You should also check off the box that she is not lawfully here at this time, and if you wish, explain the situation on the last page of the form. As a new filing, you would fill out the I-944 form for her and pay the additional fee.
2. Holding Green Card Status and Poor, What Chances to Sponsor My Other Children for Green Card?
I immigrated through my parents’ petition for me and am still a permanent resident. I have two children 10 and 12 years old by a former girlfriend in Hong Kong and now she wants me to petition for them to live with me rather than her. I married in the United States and have a child, but I do not make much money and have government assistance with my rent and my kid here has food stamps. What are my chances of having the two children successfully come to the US?
Mr. Lee answers,
Under the present state of US law including the new public charge provision that came into effect on February 24, 2020, the difficulty level of having your children come to the country if they do not have good prospects and assets is significantly raised in a situation like yours. Hopefully you will be able to find a joint sponsor who is related to you and making high income as that might help. Although these are trying times economically, it would truly be helpful if you got yourself a good job so that you could show proof of steady income at a level of at least125% of the federal poverty guidelines.to support your present household and the children you intend to bring over.