You may not be required to prove your financial ability to be eligible for immigration benefits! There are certain groups of people who are either exempt from public charge, or may get a waiver for public charge when applying for a green card or other benefits with USCIS. These include:
- Refugees (or current refugees applying for adjustment to permanent resident status)
- Asylum applicants (or current asylees applying for adjustment to permanent resident status)
- Amerasian Immigrants (for their initial admission)
- Individuals granted relief under the Cuban Adjustment Act (CAA)
- Individuals granted relief under the Nicaraguan and Central American Relief Act (NACARA)
- Individuals granted relief under the Haitian Refugee Immigration Fairness Act (HRIFA)
- Individuals applying for a T Visa or have one and are trying to become a permanent resident and get a green card
- Individuals applying for a U Visa or have one and are trying to become a permanent resident and get a green card
- Applicants for Temporary Protected Status (TPS)
- Certain applicants under the LIFE Act Provisions
If you have any questions or concerns regarding if you need to prove your financial ability or file an Affidavit of Support, feel free to contact us at Your Immigration Angel!
Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a USCIS officer must consider the following factors when making a public charge determination:
- Family status
- Financial status
- Education and skills
The officer may also consider any affidavit of support filed on behalf of the individual. In assessing the totality of the circumstances, including the statutory factors above, an officer may consider the individual’s receipt of certain publicly funded benefits. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. When determining whether someone is likely to become a public charge, USCIS will consider whether the individual is likely to become primarily dependent on the government for subsistence as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Short-term institutionalization for rehabilitation is not subject to public charge consideration under existing field guidance.
U.S. citizens and lawful permanent residents (LPRs, or green card holders) are the only U.S. residents with the rights to obtain permanent residence or green cards for their spouses. Anyone who immigrates to the United States through a petition filed by a family member must be able to prove that he or she has financial support from the family member in the U.S. The financial sponsor must file an Affidavit of Support. An Affidavit of Support is a form that a qualified individual (a sponsor) files on your behalf when you are applying for a green card through your marriage to a U.S. Citizen or LPR spouse. The purpose of the form is to show that you have the financial means to live in the United States without needing welfare or financial benefits from the U.S. government. The law requires that the sponsor demonstrate that he or she is able to assist you financially. The sponsor must show that he or she has an annual income of not less than 125 percent of the federal poverty level. Failure to file a qualifying Affidavit of Support showing sufficient income levels with your Adjustment of Status makes you inadmissible as a public charge. USCIS will not allow anyone to immigrate if they do not have financial means to live in the U.S. and will reject anyone who will become or is currently a “public charge.” If you have any questions regarding your marriage green card application or Affidavit of Support, please feel free to contact Your Immigration Angel!
Did you know that if you work for a U.S. based company, they can sponsor an employment-based Green Card for YOU?
This Green Card offers foreign nationals the privilege of living and working permanently in the United States. The employment based green card is allocated by employment type and “preference,” and each have specific requirements.
First Preference is given to persons with extraordinary ability, such as outstanding professors and researchers or managers and executives in multinational companies.
Second Preference is given to professionals with advanced degrees, persons with exceptional ability and also to exceptional professors and researchers. There is also another category for Second Preference, with a National Interest Waiver (NIW). This is available for persons with exceptional ability involved in activities that will substantially benefit the U.S. national interest or to people with advanced degrees involved in activities that will substantially benefit the U.S. national interest.
Third Preference is provided to professionals with a U.S. bachelor’s degree or a foreign equivalent. It may also be available to skilled or unskilled workers.
There are a number of specialized jobs that may allow you to get a green card based on a past or current job, such as: Afghan/Iraqi Translator, Broadcaster, International Organization Employee, Iraqi who assisted the U.S. Government, NATO-6 Nonimmigrant, Panama Canal Employee, Physician with a National Interest Waiver, and Religious Worker.
Every hopeful immigrant knows that there are constraints on the availability and issuance of United States Green Cards. The limited availability of U.S. visa creates the main backlog on green card applications. Employment-based green cards for foreign workers and their families are also limited by the United States government, and the 2015 cap has been set at 144,000 per year, world-wide. Family-sponsored preference categories for 2015 are limited to 226,000 visas per year. USCIS also places a total annual cap on the amount of visas that can be issued to foreign nationals from any particular country. For 2015, no country can receive more than 7 percent of the total annual number of family-sponsored and employment-based visas or approximately 25,600 visas.
Obtaining a marriage based green card may be a dream come true for many couples. However, this sweet dream can instead become a nightmare if you or your spouse’s green card application is denied. Although romantic and comedic movies have been made about how fun and easy it is to obtain a marriage based green card, that is often far from the truth. In reality, immigration law is a complex field, and the United States Citizenship and Immigration Services must adhere to strict rules and regulations. There are many reasons a marriage based green card application may be rejected, but the following are some of the most common causes of denial.
- Incorrect Green Card Application, Wrong Fee, Incorrect Mailing Address for USCIS
- USCIS Considers Your Marriage a “Sham” or Fraudulent Marriage
- Lack of Financial Security to Become a U.S. Citizen
- Misunderstanding Your U.S. Green Card Eligibility
- USCIS Determines Ineligibility Based on Crimes, Previous Marriages
If you have any questions or concerns about whether your marriage green card application or if your marriage will be questioned by immigration officials when you apply for a U.S. green card, feel free to contact us today!
Extending Your United States Green Card
Your U.S. Green Card can expire even if your lawful permanent status is still valid. The physical card will be good for 10 years, but you will need to renew it within six months of its expiration. The process is not difficult, but you need to make certain that you submit your green card extension paperwork in a timely manner! You will need to submit the correct fee as well as a fee for biometrics processing. Your fingerprints, photo and signature will be recorded for your file with USCIS. You can even renew your U.S. Green Card if you are planning on going abroad, as long as you file from within the U.S.
That’s Right! Your Lawful Permanent Resident status will not expire!
Once you have your U.S. Green Card, you are a lawful permanent resident (LPR) of the United States. Your status will not expire as long as you maintain certain ties to the U.S. However, your rights to remain in the U.S. can be jeopardized and taken away under certain conditions. Losing this right to reside in the United States means that you can be removed or deported. If you are convicted of a crime, you are at risk of losing your right to reside in the U.S. If you live outside of the U.S. while you are a LPR, you may also lose your status. In the latter situation, USCIS may consider your LPR status “abandoned.” There are a number of factors that contribute to a judge determining that you have abandoned your LPR status. It is important to make sure that you don’t risk losing your status if you intend to live, travel or work abroad while you are a LPR of the United States. For assistance in assessing your particular circumstances, please feel free to contact Your Immigration Angel today!
Your Biometric Appointment is a very important part of your Green Card and Immigration Application Process. Recently, USCIS erroneously scheduled some people for redundant Application Support Center (ASC) biometric appointment. If you have received more than one biometric appointment notices, you should check yours. The document is called “Form I-797C.”
You may have already attended an ASC biometric appointment, and then later received a second appointment notice for the same application type. If so, please call the National Customer Service Center at 1-800-375-5283 to confirm that you do not need to return to the ASC to have your biometrics collected again. Please note that if you have not yet attended your ASC appointment and received more than one ASC appointment notice, you should attend just one appointment but take both ASC notices to that appointment.
How to Determine Admissibility to the U.S. for a Green Card Application
“Admission” means the lawful entry into the U.S. after inspection and authorization by a United States immigration officer.
Under U.S. Immigration law, a person is seeking admission when he or she:
- is present at the border or port of entry and seeks permission to enter the U.S.
- is physically present in the U.S., but entered without inspection
- applies for an adjustment of status to become a lawful permanent resident, such as through a marriage green card
Additionally, in some instances, a lawfully admitted individual may travel abroad after being convicted of a crime and then want to return to the U.S., which is also considered seeking (re)admission.
If you are considering petitioning for your spouse to obtain a green card, let us help you so that you can avoid being separated from your loved one and can maintain your family unity. We know that separation is difficult for you. Your Immigration Angel can help you to secure the right family visas to allow you to unite with your spouses and family members. Call or email for a free consultation today!