World Journal Weekly Q & A - January 13, 2008Notifying of Beneficiary’s Change of Circumstances in I-130 Petition CaseMary reader asks: I, a U.S. citizen, applied my son and his wife for immigration in 2004. My son has divorced his wife in 2006. When and how should I change my son’s category from 3rd preference to the 1st? Dear reader: If your son is overseas, you can request whichever agency is presently holding the I-130 petition to make the change (either U.S.C.I.S. or National Visa Center). If your son is presently in the U.S. and eligible to adjust status to permanent residence, you could either take the step outlined above or wait until the priority date becomes available and your son could notify U.S.C.I.S. at the time of filing the I-485 application. Such could be done by your son including a simple letter requesting an upgraded category based upon the divorce in the I-485 filing.
Attempting to Use National Interest Waiver Approval from 1990s to Immigrate NowBrain reader asks: I work in the Information Technology field. In 1997, I filed an I-140 National Interest Waiver petition. At that time, I had a H-1 visa. However, after filing I left the U.S. and immigrated to Canada. Not long after I left the U.S., I received my I-140 approval. But, I did nothing and stayed in Canada all this time. Now, I want to use the previous I-140 approval and apply for a
U.S. green card. Could I do it? I thought of the following two options: My questions are: Dear reader: 1 Although an I-140 approval technically has no ending date, an NIW approval so long ago would raise significant questions about validity. 2 Under both scenarios, there would appear to be significant risk of failure. 3 You are asking for comparison of apples and oranges. However, in picking through shades of gray, the second option appears slightly more viable. 4 After having the I-140 approval forwarded to Montreal, you would need the regular documentation for consular processing including a valid passport, birth certificate, police certificates, photographs, job letter or affidavit of support, and if applicable marriage, marriage termination, and military record. You should also bring to interview whatever information that you have showing that your immigration would continue to be in the national interest. 5 The difficulty may well be that U.S.C.I.S. will not wish to give full validity to an I-140 approval which was given so long ago in the category for which there is no sponsoring employer. If you adopt your plan B, you should attach any and all evidence as to why your immigration remains in the national interest. 6 The path that you describe in attempting to enter as a K-1 and then adjusting through work is not viable as a K-1 must adjust through the marriage and not through any other means.
Is I-864 Sponsor Liable for Repayment of Alien’s Income Tax Refund and/or Free School Lunches?Yu reader asks: My family of three came to U.S. in August 2006. We live in Miami, Florida. My daughter is in the 11th grade. Because we are a low-income family, therefore, my daughter’s school provided her with free lunch. In addition, my 2006 tax return was on the low side, so at the year-end the U.S. government refunded the tax back to me. I want to know since my family received these treatments from the government, will it affect my financial sponsor and will the benefits be deducted from my sponsor’s account? Dear reader: Neither of the actions of your family thus far would affect your financial sponsor. School lunches are clearly allowed and a refund on taxes is allowed as a matter of law. School lunch benefits are not considered means tested, and tax refunds are part and parcel of the income-tax code.
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Copyright © 2003-2008 Alan Lee,
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