Published on Lawyers.com and the Epoch Times on July 22, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

I Would Like to Know How I Can Start My Green Card Process.

I have a son who is 22 year old. I tried to have my green card long time ego but was not possible and I paid all the fees include the 1,000.  My question is I need to pay that again?

Mr. Lee answers:

I assume that you paid the $1000 in connection with establishing your ability to adjust status under §245 (i) as that is the only provision in the adjustment process with such a fee. That provision allows adjustment of status to an otherwise ineligible alien as long as that person is able to establish that he or she had a labor certification application or immigrant visa petition pending by April 30, 2001, and was physically present in the U. S. on December 21, 2000. Unfortunately you will have to pay the amount again as the $1000 is not reusable. The only way to avoid repaying the fee would be as part of a request for a fee waiver and the filing of Form I-912. 

Q&A 2.

Does USCIS Care About Joint Sponsor’s Last Three Years of Income?

I am an adjustment of status applicant sponsored by my wife who doesn’t work. I was using my own income on form i864 but received an RFE saying my income doesn’t meet the criteria. I am obtaining a joint sponsor who is meeting the 125% poverty criteria for his household size for tax year 2014 and the current year. However he was making below poverty limit in 2013 and 201 because he was going to school and working part time. My question is does USCIS care about the current income or the past income would also have an effect on his eligibility to sponsor me?

Mr. Lee answers:

U.S.C.I.S. is generally not as strict on the number of years of tax returns required on affidavits of support as most U. S. consuls, but a good rule of thumb where the petitioner or joint sponsor makes less than the required amount in 1 or 2 of the past 3 years is to determine whether the amount made in the last year is well above the income requirement and whether there is a good reason for which 1 or 2 years did not have qualifying income. In the situation that you describe of a joint sponsor below the poverty limit in 2 of the 3 years because he was going to school and working part-time, such an explanation would likely be met with understanding by a U.S.C.I.S. officer, but the answer may depend upon how much over the poverty line he is now making.

Q&A 3.

Is There Currently An I-864 "Glitch" with RFE?

Has anyone experienced received an RFE, after already submitting all the required sponsor backup for I-864 with the I-485 packet (most recent full tax return, W-2, etc.) I heard that there is currently a "glitch" and UCIS is requesting the same information again, regardless of whether it was already submitted in full or not. Looking to confirm or deny the existence of this "glitch"?

Mr. Lee answers:

There is no I-864 glitch of which I am aware in which U.S.C.I.S. is requesting the same information again on an affidavit of support regardless of whether it was already submitted in full or not. I do note, however, that U.S.C.I.S. has been many times taxed with the fact that it is asking for materials that were already submitted. However, this is not specific to I-864’s, but to many types of documents relating to a wide variety of cases. 

Q&A 4.

I Got a Misdemeanor for Conspiracy to Sell a Firearm. Can I Apply for Adjustment of Status?

I'm married to a U.S. citizen and I have one child. If I apply for adjustment of status to prevent deportation is it possible?

Mr. Lee answers:

Firearms offenses make a person inadmissible, but a waiver can be requested when applying for adjustment of status assuming that the offense was one involving moral turpitude. Such waiver would be based upon the establishment of extreme hardship to a U. S. citizen or permanent resident parent, spouse or son/daughter if the waiver was not granted. 

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.