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THIS WEEK’S IMMIGRATION QUESTIONS: Question: I have a question for you about the affidavit of support. I am so worried. My daughter has married a man she has been dating. He is from Jamaica. She is sponsoring him for his green card, but she doesn’t work and cannot meet the minimum income requirements. So, she said she needs me to be a cosigner for an immigration support affidavit for her husband’s green card and to give her copies of my Tax Returns for the past year. Do you know what she is asking me for? Thanks for your advice. Answer: Your daughter is referring to you being what is called a “Co-sponsor” of the Affidavit of Support for her new husband for immigration purposes. This means that her income is not enough to meet the USCIS requirements. Under the guidelines, for a family of two (US citizen and foreign spouse), the minimum income is $16,500 per year. If you are the co-sponsor, the level of income, which must be met, is calculated by adding you, any dependants you have and your new son-in-law. So, if you are married and have two children (4 family members, plus the person you are sponsoring = 5), the income level would be calculated at 5 people, $29,250. I’ve provided the 2006 Guidelines below. In order to help, you will need to sign an I-864A Affidavit of Support co-signor application and give a copy of your last years’ of tax return, recent employment letter stating your length of employment and yearly salary or hourly wage and past 3 months pay stubs. 2006 Poverty Guidelines
REQUIRED FOR I-864 AFFIDAVIT OF SUPPORT | Effective March 1, 2006 here are the 2006 Poverty Guidelines for the 48 Contiguous States and the District of Columbia: Size of Family Unit | 125% of Poverty Guidelines | 1 | $12,250 | 2 | $16,500 | 3 | $20,750 | 4 | $25,000 | 5 | $29,250 | 6 | $33,500 | 7 | $37,500 | 8 | $42,000 |
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Question: I hope you can help me. My son and his wife became U.S. citizens this past January. I came up here from Trinidad in 2004 and stayed to take care of my grandchildren for my daughter (who is a resident). Well, my I-94 card has long since expired. Is there anything my son and daughter-in-law can do to help get me my Green Card? If so, how long will it take for me to get it? I’m always so afraid because I feel illegal. Thanks so much for your advice!
Answer: You are in luck! Parents/spouses and minor children of U.S. citizens are called “Immediate Relatives” and as long as they enter the U.S. with inspection (meaning being inspected by an immigration officer and issued an I-94 card), then even if the I-94 card has expired, a U.S. citizen child (age 21 or older) can apply for them. The process in South Florida takes between 8 months and 1 year, but the processing times for newly filed cases is getting quicker all the time, more like 8 to 12 months. As soon as the case is filed and you receive the receipts, you are in legal status until your residency interview, when the officer will stamp your temporary residency in your passport. Then you will receive your actual Green Card in the mail in several months. Good luck! For a consultation call our office: Law Firm of Caroly Pedersen, P.A.: 954-382-5378, or send an email to the attorney at:
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Our address is: Inverrary Boulevard Plaza 4522 Inverrary Boulevard, Lauderhill, Fl 33319 (Bank of America shopping center). Courtesy of the Law Firm of Caroly Pedersen, P.A. |
Immigration 
