Immigration INFO: Immigration News For Our Community

Aug 17, 2014 News

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By Attorney Gail S. Seeram,
[email protected]

Through this “Question & Answer” column, our goal is to answer your immigration questions.  We appreciate your comments and questions.  If you have a question that you would like answered in this column, please email: [email protected].

Question #1:    I am 31 years old and my wife is 25. We have been married for five years and have a son who is four years old. We are currently residing in the British Virgin Islands on work permits. We still hold Guyanese citizenship. Our son was born in Puerto Rico and holds a United States Passport. Can my son’s US status assist our family in any way to live in the USA?

Answer #1:      Yes, but your son would have to be 21 before he can file a family-based sponsorship petition for you and your wife to gain permanent resident status in the U.S.

Question #2:     My family and I are considering working and living in the USA. I am degree holder in accounting and currently pursuing an MBA which I am scheduled to complete in April 2014. My wife also possesses a degree in accounting. My daughter is six years old. My family has B2 visas. Can you advise us wish type of visa may be suitable and estimate processing time?

Answer #2: You may be qualified for H-1B temporary work visas, but you need to find a U.S. employer willing to sponsor you.  You apply for H-1B visas and start working six months later if you are successful in establishing accounting as a “specialty occupation”.

Question #3: My father sponsored me 10th January 2003 as married. He was around the age of 70. How much longer will the sponsorship take ?

Answer #3: Visas for married children of U.S. citizens (F-3) are being processed for petitions filed on or before November 2003, so you have about another 6-9 months.  Your father should have been contacted by the National Visa Center to pay visa fees and submit other required documents.

Question #4:    I’m wondering if its okay for me to apply for a visitor visa. My two-year-old son left the country almost a month ago and his birthday is next month and I would like to spend it with him. Do you think I’ll have a chance? I don’t want waste my money to be denied when I can send it to him to have a nice birthday party even if I’m not here. I’m also working and going to classes what will I need from my employer and school?

Answer #4:    Visit this website on the U.S. Embassy-Georgetown Guyana to get the information on steps to apply for a visitor visa: http://georgetown.usembassy.gov/niv-how-to-apply.html.  Note, anyone can apply for a visitor visa to the U.S., but you must complete an application, pay US$160, and schedule an appointment for an interview at the U.S. Embassy.  Lastly, you must show that you have strong family, financial, property and employment ties to Guyana.

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Affidavit of Support – 2014 Poverty Guidelines

Under the current immigration laws, every person who migrates based on a family petition must have a financial sponsor.  The law requires a sponsor to prove an income level at or above 125% (100% if active duty military personnel) of the federal poverty level.  The 2014 poverty guidelines are listed below.  If your income does not meet the requirement, your assets such as checking and savings accounts, stocks, bonds, or property may be considered in determining your financial ability; however these assets value must be shown in a greater ratio.
Persons whom the U.S. Citizenship & Immigration Services (USCIS) has approved as self-petitioning widows or widowers or battered spouses and children are exempt from this requirement. Orphans adopted by American citizens abroad are also exempt from this requirement.
WHAT IS THE PURPOSE OF THE AFFIDAVIT OF SUPPORT?
The affidavit of support helps ensure that new immigrants will not need to rely on public benefits such as Food Stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance to Needy Families.  If a person for whom you file an affidavit of support becomes a permanent resident and is later given certain public benefits, the agency that gave the benefits can require that you repay that money.

WHEN DOES MY FINANCIAL RESPONSIBILITY END?
An affidavit of support is enforceable against the sponsor until the person they sponsored either becomes a U.S. citizen, or is credited with 40 quarters of works in the U.S. (usually 10 years), or leaves the U.S. permanently, or passes away.
DO I NEED TO NOTIFY USCIS IF I MOVE?
If you financially sponsor someone, you are legally required to keep USCIS informed of your address until your financial responsibility ends.  If you change your address, you will need to file a Form I-865, Sponsor’s Notice of Change of Address, within 30 days after the date you move.

2014 Poverty Guidelines
Sponsor Household Size + Immigrants being Sponsored	Sponsor Required Adjusted Gross Income
2	$19,662
3	24,737
4	29,812
5	34,887
6	39,962
7	45,037
8	50,112
	Add $5,025 for each additional person

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