Can USCIS Reject MY US Green Card Based on My Financial Ability ?

Man with money glasses

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:

  • Age
  • Health
  • Family status
  • Assets
  • Resources
  • 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.

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Did You Enter Without Inspection? YOU May Be Eligible for the LIFE Act 245(i) Exception!

family immigration pic

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!

Do You Know the Limitations of the K-3 or K-4 Spouse Visa?

kissing couple with kid

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.

Did You Know That You May be Eligible for an Employment Based Green Card?

SOL Work and Live US

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.

If You or Your Spouse “Entered Without Inspection,” There May Still Be Options!

Border and IDs

All noncitizens entering the U.S. are required to present themselves to a USCIS immigration officer for inspection.  This inspection meant that they will be assessed and that they must demonstrate the right to enter the country based on approval obtained prior to entry in the U.S.  If you do not have an approved means for entering the United States, then the Customs and Border Patrol or USCIS officer may refuse entry to you.

If you have entered without inspection (EWI) and without the proper documentation, there are a limited number of legal immigration options available to you.  If you or your spouse EWI, that means that you do not have legal immigration status in the United States.   That also means that you cannot file to change or adjust your status, as you do not have a legal status to begin with.  It is not possible to adjust status even if you marry a U.S. citizen or have U.S. citizen parents or children that will petition for them. However, there are a few exceptions that might allow an adjustment of status. The two most common are the LIFE Act and a waiver implemented in new immigration law as of 2012.

Are you Eligible for a Family Based United States Green Card?

Family_Portrait

Relatives of U.S. Citizens can obtain U.S. Green Cards!   If you have a U.S. Citizen relative and fall under any of the below categories, it is likely that you are eligible for a U.S. Green Card!

  • Spouse
  • Unmarried Child, Under the age of 21
  • Unmarried Stepchild, Under the age of 21
  • Adopted Child, Under the age of 18
  • Unmarried Child, Over the age of 21
  • Parent or Step-parent
  • Married Son or Daughter
  • Brother or Sister

Even people who are relatives of U.S. Green Card holders may be eligible for a U.S. Green Card themselves.  If you have a relative who holds a valid U.S. Green Card, and you fall under any of the below categories, it is likely that you may also be eligible for a U.S. Green Card.

  • Spouse
  • Unmarried Child, Under the age of 21
  • Unmarried Stepchild, Under the age of 21
  • Adopted Child, Under the age of 18
  • Unmarried Child, Over the age of 21

If you have any questions about your eligibility to obtain a U.S. Green Card, please feel free to contact Your Immigration Angel for a free consultation.

Your Facebook Relationship Status Might Say: “It’s Complicated,” But Understanding Your Immigration Status Shouldn’t Be! 

Puzzled male shrugging wearing lab coat

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.”