Q & A March 26, 2006

Q & A 1. 2.


Q&A 1.

Where Petitioner Loses Job – Effect on I-864 Affidavit of Support

Liu Reader asks:

I am an U.S. citizen and applied I-130 and I-485 for my mother. I provided my job (wage) to sponsor her. However, during the pending period, I lost my job and income. I estimated that by the time of her green card interview, I would not be able to provide a new job letter. Will my mother’s case be put in pending status until I find a new job? Can I use my bank deposit to sponsor her?

Dear reader:

You are allowed to have a co-sponsor give the financial support for your mother in the event that you are not able to provide convincing evidence of the ability to support her. The co-sponsor is jointly and severally liable with you for the support of your mother. Such obligation exists until the time that your mother becomes a citizen, leaves the U.S. permanently, passes away, or has earned 40 quarters of income in the U.S.. In the event that you are not able to find a bonafide co-sponsor, you can attempt to explain your financial situation to the examiner at the time of interview if your mother is requested to interview for her permanent residence. (Parents of U.S. citizens are many times exempted from the need for interview). A sympathetic examiner may approve your mother's case if convinced that your present lack of a job is temporary and that you are otherwise well capable of supporting your mother in the country. An examiner may also give you an a request for additional information within a certain period of time to provide further evidence of financial support. If you are able to obtain a new position or financial co-sponsor, that could satisfy an examiner's request. There is also the possibility that your mother's case may be denied at the time of interview if an examiner does not believe that you have presented sufficient evidence of financial ability to support your mother. Unless bank deposits are of a large size, they would generally not be sufficient to support a parent since the support papers must show enough to support for a five-year period of time. In addition, financial support for parents who may be retired or elderly may be scrutinized more by an immigration examiner than papers for persons who are healthy and of working age.

Q&A 2.

Does the Dependent of I-130 Petition have to Mark “Yes” on Whether An Immigrant Visa Petition Has Been Filed When He Applies for a Student Visa?

Huang Reader asks:

I applied I-130 for my sister six years ago. In the form, I also provided my brother-in-law and their only son’s names.

Recently, my sister’s son is preparing to apply for student visa (F-1) to come to U.S. I am worried that because his name is already in the I-130 and it will affect his F-1 non-immigrant visa. If he is denied of his F-1, is it because of this I-130?

Dear reader:

On the I-130 petition, the only person being applied for is your sister. Therefore when your sister's son for fills out the DS-156 visa application form as to whether a visa petition has been filed on his behalf, his answer is "No". When the I-130 petition is approved, the National Visa Center usually does not send a request for DS-230 biographic data sheets until the case is within reasonable striking distance of the priority date becoming current. The F-4 category for brothers and sisters has a current backlog of 11 years as per the visa bulletin. Therefore unless the DS-230 forms have been sent out (an anomalous situation) and returned to the National Visa Center, your sister’s son has shown no indication of a wish to immigrate, and the I-130 petition containing his name should not be a factor in determining his ability to obtain an F-1 non immigrant visa.

 

Copyright © 2003-2006 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.