Latest in Immigration

[Gary Bala]

[This message has been edited by Gary Bala]

Some news items which may be of interest to readers of this forum.

1. YEAR 2005 HHS POVERTY INCOME GUIDELINES

HHS just published these in the Federal Register.
These are the ones which are used to determine
if a financial sponsor for a visa "qualifies".
For the I-864 Affidavit, the minimum level
is 125% of these guidelines.

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=87806629870+0+0+0&WAISaction=retrieve

IF THE ABOVE STRING CITE DOES NOT OPEN IN YOUR BROWSER, JUST GO TO THIS SITE
AND TYPE IN "2005 POVERTY GUIDELINES": http://www.gpoaccess.gov/fr/index.html

2. PROPOSED RULE ON ELECTRONIC U.S. PASSPORTS

Dept. of State has just published also in the Federal Register
a proposed rule on Electronic U.S. Passports. This refers
to an electronic chip imbedded into all newly-issued
U.S. passports intended as an anti-counterfeit and
high-security identification feature.

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=8765316473+0+0+0&WAISaction=retrieve

IF THE ABOVE STRING CITE DOES NOT OPEN IN YOUR BROWSER, JUST GO TO THIS SITE
AND TYPE IN "ELECTRONIC PASSPORT": http://www.gpoaccess.gov/fr/index.html

3. USCIS INTERNAL MEMO ON RFEs AND NOIDs
(Posted at AILA InfoNet, Doc. 05021810 - Feb. 18, 2005)

I know that many of you are doing your own immigration petitions.
FYI, here is a recently released internal memo from USCIS Assoc. Operations Director
William Gates to petition adjudicators providing new guidance on issuing RFEs
(Request for Additional Evidence)  and NOIDs (Notice of Intent to Deny)
in response to review of petition packages.

http://www.usaimmigrationattorney.com/USCISRFEMemo.pdf

RFEs and NOIDs are sent out by petition adjudicators if there are missing critical
documents in the petition package or if clear evidence is that the petitioner or beneficiary
is not entitled to the benefit sought.

The good news for you and us is that this Memo (among other things) narrows the discretion
of the adjudicator by advising him or her that he or she should only send out RFE or NOID in
clear cases, and not as in the recent past (post 09-11) just as a means to eliminate all doubt of
fraud under the "zero fraud tolerance" policy instituted after 09-11.

4. CONTRIBUTION OF LEGAL IMMIGRATION TO SOCIAL SECURITY
(Posted at AILA InfoNet, Doc. No. 05021862 - Feb. 18, 2005)

Obviously and naturally, my perspective (in general) is in favor of open and continued
legal immigration, as opposed to a restrictionist view and agenda of some immigration
groups.

In light of all the recent political discussion of social security reform and "guest-worker"
immigration reform, here is a recent study and report from National Foundation for
American Policy about how legal immigration contributes to and advances the
social security system. Over the next 75 years, legal immigrants will add a net
benefit in present value of $611 billion to the social security system.

http://www.usaimmigrationattorney.com/ContributionOfLegalImmigrationToSocSec.pdf

Feel free to pass this information on to anyone.

Good luck to all.

www.garybala.com

[Looking4Wife]

... in response to Latest in Immigration, posted by Gary Bala on Feb 20, 2005

Persons in family unit                     guideline
-----------------------------------------------------------

1..........................................       $9,570
2..........................................       12,830
3..........................................       16,090

As you can see, I cut and paste the first 3 lines of the chart above.

So Gary, how do I interpret the above info?

A)  If (and when) I am trying to engage/marry a Latina with no kids (i.e. 1 person in family unit), then I must show an income of 125% of $9,570, which equates to $11,962.50?

B)  OR, because I am single with no kids, then I must show an income of 125% of $9,570, which equates to $11,962.50?

C)  OR, if I am enaging/marrying a Latina with no kids, and I have no kids, then we will have two (2) people in our new family unit, so I must show an income of 125% of $12,830 which equates to $16,037.50?

Gracias

[Ray]

... in response to Interpreting the Chart?, posted by Looking4Wife on Feb 20, 2005

Answer “C” would be correct for a family size of 2 after marriage.

Keep in mind that the 125% figure is only for the I-864 affidavit like Gary mentioned, which would cover a CR-1 or SR-1 visa petition or the Adjustment of Status for a K-Visa. For a K-Visa petition (fiancée or spouse), you are only required to meet the 100% of poverty level figure. However, the consular officer will likely be looking at her total situation, including things like health problems, education, work experience, etc., along with your financial status.

Since you would eventually need to meet the 125% figure anyway, that is what you should be looking at as a minimum goal to be safe.

Ray

[Gary Bala]

... in response to Interpreting the Chart?, posted by Looking4Wife on Feb 20, 2005

Your example number 3.

Family Unit refers to you, the Latina, each of her kids,
(and also each person in your own US household for
which you take a tax exemption).

For example, you live alone but every other year,
you trade with your ex-wife a tax exemption for
your child who you provide court-ordered child
support for.

You are engaged to a Latina with one child.

In this example, family unit is: four.
You, your child, the Latina and her child.

2005 Poverty Guideline for four unit household.
(You are non-military, and NOT living in Alaska
or Hawaii):
$19,350 times 125% equals: $24,187.50.

This refers to your current income, typically
referenced as Line 22 on Federal Tax Form 1040
(total or gross income BEFORE adjustments but
AFTER business deductions & losses, and captial losses),
or Line 15 of Form 1040A or Line 4 of Form 1040EZ.

You also need to show consistency of Line 22 income for
last 3 to 5 years.

The above refers to signing the I-864 Affidavit of Support
for green card or legal residency for a lady with child whom
you have married.

There is a preliminary affidavit in support of K-1 Fiancee Visa
or K-3 Spousal Visa called I-134 which is what you would first sign.
This I-134 affidavit technically only asks you to satisfy 100% of the
Poverty Guidelines. But some consular officers have been known
to ask the signer to meet 125% even under I-134, if the combination of
your income and liquid assets is marginal.

And since you will be required to file the I-184 Affidavit eventually
(unless you choose not to marry her under a K-1 fiancee visa and she
goes back home, or you choose to divorce under a K-3 spousal visa
within the 24 months and she goes back home), you are probably
better off measuring your income under the 125% test, if one
wishes to be serious.

I gotta run.
Have a good day.

[doombug]

... in response to Re: Interpreting the Chart?, posted by Gary Bala on Feb 20, 2005

[This message has been edited by doombug]

"Family Unit refers to you, the Latina, each of her kids,
(and also each person in your own US household for
which you take a tax exemption)."

But, what if somone doesn't claim any tax exemptions for previous sponserees?  In a prior relationship with a Mexican-American Latina, I'd signed an AOS for her son and possibly her brother (it was back in 1999 or 2000, so I don't recall).

USCIS says (per a phone call to them) that they can't tell me the "A" numbers of the people who I may have sponsored previously, that only the original petitioner (my ex-novia) is privy to such info.  So, as I file a petition for my current wife and her children, I can't tell them for certain what my "Family Unit" size will be.

Would my current Family Unit consist of me, my wife, her daughter, her son, these other two previous sponsorees (my ex's son and brother), AND my ex-novia???  Making the Family Unit size 7??  I neither live with or send support to this ex, as we cordially drifted apart a few years back.  

I'd really appreciate your response to this, Gary.  This is one of my most nagging concerns.  My gross income for 2004 was just shy of $38,500, so I'm not sure if this is sufficient to support seven people (if seven IS, in fact, my correct family unit size).

One site I found lists the poverty level for a family unit size of seven at $28,390, and lists $35,488 as 125% of that income.  But, you mentioned: "You also need to show consistency of Line 22 income for last 3 to 5 years."  Consistency at THAT level of income or above, or consistency of AN income??  My level of income has been lower than $35,488 with the same employer in my two previous years; then again, these "Guidelines" have progressively increased their ceilings over the years, and my family size has just increased, as well (as an obvious result of getting married recently).

I'm preparing to send off the I-130's for my wife's children, and she won't find it very soothing if I tell her that I can't file for all three of them.  That I'd have to petition for her son later, or find a co-sponsor.

By the way, are there any means of finding out exactly how many people I may have sponsored previously?   USCIS told me that--on my I-864--I should simply state that I don't recall this info., when I signed the forms, their names, "A" numbers, and birth dates, etc.

If effect, go ahead and spend the money now on these current petitions, get the childrens' birth certificates translated/certified (though, I've just now received these), file the I-130's, etc., only to be told later that I need a co-sponsor.

Thanks for any help, Gary.  

This forum, sites such as Visajourney, and the lawyers such as yourself who frequent them, provide the lucency that a lot of us blind mice rely on to navigate the morass of immigration ambiguties.