World Journal Weekly Q & A - August 19, 2012
Q & A 1. 2. 3.
Q&A 1.
What can Happen If Persons Sponsored Under I-864 Affidavits of Support Take Means Tested Benefits
A Florida reader asks:
My husband and I immigrated to the U.S. at the end of 2006 after my husband’s sister signed I-864 forms (Affidavit of Support). We have no house, live with my husband’s sister. For the past 6 years, we have been filing income taxes for about $11,000. I work but my husband is old and sickly. He is over 65 years old. Our English is not good so we couldn’t pass naturalization tests. My questions are:
- Will our low income benefit affecting my sister-in-law’s affidavit of support. Will she be suit?
- Will the affidavit of support based on each family’s financial situation? In another word, is it the rich family bearing more responsibility than the poor family?
- Are the benefits, such as Medicaid, public assistance, government housing, cash support and heating fee, affecting my sister-in-law’s responsibility?
- Is it true that we must move out of his sister’s house and rent a unit in order for us to apply for Medicaid and public housing these types of benefits? We desperately need these types of benefits, but we do not want affect his sister.
Dear reader:
- When your sister-in-law signed the I-864 forms for you and your husband, she signed a binding contract under which she guaranteed that her income and assets could be "deemed" to be available to support you up to 125% of the poverty level. The current poverty guidelines state that $18,912.50 is required to support two people, and the figure represents the amount for which she is liable during this year. Whether she will be sued depends upon the type of assistance which you are receiving, and whether the federal, state, or local governmental unit which is providing the assistance will take action against her.
- An affidavit of support is based upon each family's situation, and the more income and assets that the petitioner has, the more likely the beneficiaries will be approved for immigration. However, the same limits apply on what sponsors are liable for if the beneficiaries take public assistance. A richer family will not be made to pay more than a less rich family which has filed the I-864 affidavit of support.
- The I-864 form specifically exempts from liability those who take public benefits specified in section 403(c) of the Welfare Reform Act such as, but not limited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts, immunizations and testing and treatment for communicable diseases; and means tested programs under the Elementary and Secondary Education Act. Although I do not profess to have expertise in what are considered means tested benefits for which your sister-in-law would be responsible upon suit, the likely ones would probably be Medicaid, government housing and cash support. "Public assistance" is too indefinite for us to give an opinion, and the heating fee is probably covered under short-term non-cash emergency relief.
- Even if you move out of your sister's house and rent a separate unit, she is not exempt from liability when you take means tested benefits. The liability is only lifted if you become a U.S. citizen, have worked or can be credited with 40 quarters of coverage under the Social Security Act; no longer have permanent resident status and have departed the U.S.; become subject to removal but applied for and received a new grant of adjustment of status based on a new affidavit of support if one is required; or die.
Q&A 2.
Will Drunk Driving Record a Few Years Ago Keep Inquirer's Friend from Becoming Citizen?
A friend of DWI asks:
My friend is born in Spain and a citizen of Spain. In 1988, he came to U.S. and studied in the University. After he graduated in 1992, he worked for the Computer Associate at the technical department and received his green card in 2002. He now wants to apply for naturalization. However, few years back, he had a Driving While Intoxicated record. Will this record affecting his naturalization process?
Dear reader:
A record of driving while intoxicated may affect the naturalization process in that your friend may be perceived as lacking good moral character during the five-year period prior to filing. Every naturalization applicant must show good moral character for the period of required time, in this case five years prior to filing. While generally recognized as not being a crime involving moral turpitude, and not being within the definitions for persons statutorily barred as lacking good moral character, e.g. habitual drunkard, person convicted of two or more gambling offenses, person whose income is derived principally from illegal gambling activities, etc., - drunk driving is a concern to many in the community because of the danger that it presents to people, and persons having a record may nevertheless be adjudged by naturalization examiners as not having good moral character. Also where it is aggravated such as a person not having a valid license to drive, some courts have held that it is a crime involving moral turpitude.
In your friend's case, the drunk driving record must be considered because it is within the five-year period of required good moral character. Assuming that your friend's case is not aggravated, he can file for naturalization and attempt to show his rehabilitation since he acquired the record. Such could include a good work record, going to church, attending counseling sessions, attending meetings with Alcoholics Anonymous, etc. This would give him the best chance of passing the naturalization interview without a problem. The other alternative is for your friend to file for naturalization after five years, at which point the drunk driving record would no longer be relevant.
Q&A 3.
Person who Entered Without Inspection and is Getting Married to U.S. Citizen has Opportunity for Immigration Under Administration Plan for Provisional I-601 Waiver
Wen reader asks:
I sneaked into the U.S. for 4 years. I do not have status. I have a white American boyfriend and we have dated for almost 3 years and we are planning to get married. I know if he applies for me, I would have a 10-year bar. However, if he does file papers for me, can I stay in the U.S. for those 10 years and when immigration notifies me for interview I then went to China for visa? What is the chance for me to pass the visa interview?
Dear reader,
The 10 year bar is to be served outside the United States, not within. However, U.S.C.I.S. will be instituting a procedure by the end of the year by which immediate relatives of U.S. citizens (parents, spouses, and unmarried children under the age of 21) who sneaked in like you will be able to have the U.S. citizen apply for them on the I-130 relative petition, file Form I-601 waiver of the 10 year bar, and receive a decision before deciding whether to leave the U.S.
If approved, they would interview at the American consulate for the immigrant visa. The new procedure is highly anticipated by the immigrant community and almost certain to become law. If the provisional I-601 waiver (conditioned upon your ultimately leaving the U.S. for the immigrant visa interview) is approved, your chances of passing the visa interview would be good provided that you have no other immigration problems.
|
