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!
Noncitizen spouses who have entered the United States without inspection may still be eligible for immigration benefits under section 245(i) of the LIFE Act. Many people who have either never had valid immigration status in the U.S. or who have fallen out of valid status are allowed to apply for adjustment of status in the U.S. if they pay a penalty fee. Without this type of waiver, many people who do not have valid status in the U.S. would be unable to seek a visa while in the United States. Without this waiver, they would be required to seek their immigrant visa from within their home country. However, due to the status violation, they also would be barred from reentering the U.S. for at least three years. In many cases, they may even be banned from re-entering the U.S. for ten years!
To be eligible for this waiver, you must:
- have been present in the U.S. before December 18, 2000, and
- have either filed a family or employment based residency petition on or before April 30, 2001, or you must have been the derivative beneficiary of such a petition.
Even if your initial petition was not successful, but was filed on or before April 30, 2001, you may still be eligible for the 245(i) waiver. Under certain circumstances you may apply again for residency through another family petition. Immigration law is one of the most complicated areas of law, with a constantly evolving and changing laws and regulations. At Your Immigration Angel, we are committed to staying on top of the most recent changes to help you better follow your immigration path! Let us guide you on your path and assist you in achieving your immigration goals!
While the K-3 and K-4 visa offers many benefits, there are some other considerations to think about, depending on your personal situation. For example, did you know that even though an immigrant visa is immediately available when a K-3 Petition for Alien Relative reaches the Department of State, but then your spouse’s children are no longer eligible for K-3/K-4 nonimmigrant status? In that situation, the children must immigrate as lawful permanent residents. If the K-4 visa holder does not have an approved Petition for Alien Relative at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC.
It is advisable that the U.S. citizen petitioner file a separate green card petition on the child’s behalf concurrently with the green card petition that is filed for the spouse. While there is no requirement that a separate application needs to be filed for the child’s petition, it is advisable if a K-4 visa is desired.
K-3 or K-4 nonimmigrant visa holders are only admitted for a 2-year period. A K-3 or K-4 nonimmigrant visa holder may apply for an extension of status in 2-year increments as long as the marriage-based green card visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication. A K-4’s authorized stay automatically expires when the K3’s status expires.
It’s true that immigration is a complicated area of law. At Your Immigration Angel, we stay at the forefront of changing immigration policy and legislation. Even if your circumstances are complicated, we can answer your immigration questions and create the best strategies for you. For example, if the National Benefits Center still has not granted your Motion to Terminate after your AOS interview, we can help you to make sure that USCIS or EOIR proceeds with the adjudication of your adjustment of status. What about an I-130 petition for a noncitizen who is detained? We can help you with that as well by requesting an expedited action with USCIS and the ICE counsel. There are often options that you may not know exist. That’s when our experienced Los Angeles immigration attorneys can help you! Contact us for your free initial consultation today! You can find many convenient ways to contact us on our “About Page.”
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.
Numbers of Central American Refugees Allowed into the United States is Decreased, but President Obama wants to Promote the Development of New, Safer Options for Those in Need
International and United States immigration law states that refugee status “may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion.” The freedoms and opportunities the U.S. offers has made America the country of choice for many refugees. The Presidential 2015 fiscal year memorandum stated that El Salvador, Guatemala and Honduras are eligible to be considered refugees “for the purpose of admission to the United States within their countries of nationality or habitual residence.” These countries, known as the “Northern Triangle” are the only Latin American countries, along with Cuba, to be part of the list. However, President Obama also noted in the memo that the number of 2015 allotments for refugees from South America was being decreased to 4000, which is 1000 slots fewer than in 2014. The President did encourage the development of new programs that would allow individuals to apply for refugee status from within their own countries. This type of program was implemented successfully in countries like Haiti and Vietnam, with the goal of preventing dangerous trips to the United States. If you have questions about whether you qualify for refugee status, please call or email Your Immigration Angel today!
Conditional Permanent Residence Based on a Marriage Green Card
A permanent residence status is conditional if it is based on a marriage that was less than two years old on the day someone was given permanent residence. The immigration status is conditional because USCIS wants proof that the marriage was not just to evade the immigration laws of the United States. To remove these conditions you must file a “Petition to Remove Conditions on Residence” with USCIS. Your Immigration Angel can help you with removing conditions. Contact us today for a free consultation!
Please note that if a marriage is already more than two years old when you either arrived at the U.S. border with an immigrant visa or when you received approval for a green card, then you will receive permanent residency and won’t have to worry about the status expiring. The actual card will need to be replaced once every ten years.