Published on Lawyers.com and the Epoch Times on December 21, 2018
Q & A.
Will My Application be Affected?
My fiancée is a citizen and she is to file for my permanent residence. This necessitate is to require a marriage sponsor. However, our intended sponsor does not have the last three years tax returns as he didn't work all through last year. He only has tax returns for 2015 and 2016 but not for 2017. Will his lack of 2017 tax returns affect our application?
Mr. Lee answers:
To many officials, the last year of tax returns is very important, especially as it gives a better picture of the sponsor's current ability to support. I suggest that you have your intended sponsor file an amended tax return for 2017 and also provide evidence of income for 2018 in the form of job letter and payslips showing how much he has been making for the year.
I-864 (Joint Sponsor) Income Requirement
I am young and married to the best thing that has ever happened to me. My joint sponsor made $18,000ish last year and had it reported on her taxes. She is now making more money putting her annual income at $24,000. Based on her taxes she doesn't meet the requirements, but based on her current salary she does. Will she be able to be our sponsor? Is it based on current income or last year? Also, can I use an asset of mine to cover my joint sponsor's difference if needed?
Mr. Lee answers:
U.S.C.I.S. officers in our experience are not uniform in asking for a number of years that a joint sponsor must make an amount that passes the poverty guidelines for support purposes. Some will ask for one year, others may ask for more. Just going with a joint sponsor's current income and no tax returns meeting the guidelines would not be suggested. You may be able to use your own assets to add to your joint sponsor's affidavit of support, and such would be counted at 1/5 value to actual income. Please note that some officers may wish to see that the amount that you are listing of your own assets to assist with the joint sponsor's affidavit of support has been in your account for some time.
I Want to Sue My Immigration Attorney
In November 2017 an attorney was hired to assist in my case. In March of 2018 he needed to submit immigration petitions on my behalf. Since June 2018 I have requested the attorney to provide with immigration receipts. Since then I have called, texted and email him requesting this information. I feel he hasn't submitted anything to immigration and that he has taken advantage of my situation. Also my family has gone to his office requesting them. I would like to sue him. I needed this petitions to be submitted since then for me to legally return to the country.
Mr. Lee answers:
If you are dissatisfied with your attorney's services, you can complain against him or her to the disciplinary committee of the State Bar. You can also complain to local agencies such as Consumer Affairs or the Better Business Bureau. The disciplinary committee has more bite as it can act to suspend or terminate a lawyer's ability to practice law in the particular state. There may also be other resources available in your state, such as in New York where the immigrant affairs unit of the New York County District Attorney’s Office which attempts to resolve situations for victims of immigration fraud in New York.