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Questions Answered by Agnes Jury
1 Answer | Asked in Immigration Law for Texas on
Q: For form i864 AOS as a 1040 filer do I use my adjusted gross income or my taxable income?

So I’m filling up my i864 to sponsor my wife and I want to confirm which income do I use as I income. Is it adjusted gross income or taxable income. My cpa is saying it’s adjusted gross income.

Agnes Jury
Agnes Jury answered on Apr 8, 2022

Adjusted Gross Income. Best wishes!

1 Answer | Asked in Immigration Law for New Jersey on
Q: What do you do when you have fulfilled the criteria for immigration benefit and you are not granted relief

If you completed all the requirements, such as a pass in Citizenship test, no criminal conviction, etc, in order to have the citizenship certificate issued, and it is not issued, what do you do

Agnes Jury
Agnes Jury answered on Apr 8, 2022

Depends on WHY the certificate is not issued so more information is needed. Best wishes!

1 Answer | Asked in Divorce and Immigration Law for California on
Q: Hi, I want to discuss with attorney about divorce case and immigration

My husband who is US citizen and want to file a divorce. I am a condition green card holder. Will the divorce affect my application process for removing my green card condition?

Agnes Jury
Agnes Jury answered on Apr 8, 2022

Yes. It getting divorced will affect removing the condition on your green card. You should consult with an experienced immigration attorney as soon as possible. If you can't afford a consultation, some attorneys offer limited free consultation. You can find an attorney here on Justia.com,... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Just became Permanent res. cannot get a passport. Which travel doc do I need to appl to. (Ad parole, travel permit) thx

In any case, which countries accept that "travel Document"

Agnes Jury
Agnes Jury answered on Apr 6, 2022

If you are a permanent resident then you can travel internationally without the need for any other permit. You must have a valid passport from your country of origin and the valid green card at the time of travel. Best wishes!

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Since my husband has no income and his friend will be a joint sponsor for my green card application

will my husband have to be added to the size of sponsor’s household or household includes only the friend- joint sponsor, his wife and kids and myself?

Agnes Jury
Agnes Jury answered on Apr 5, 2022

Your husband would not be included in the friend's household size unless you and your husband LIVE with the friend/joint sponsor or the friend/joint sponsor claims your husband as a dependent on his taxes. Best wishes!

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can one person be a joint sponsor for 2 different immigrant friends that are not related ?
Agnes Jury
Agnes Jury answered on Apr 5, 2022

Yes as long as the sponsor meets the minimum income test counting the two individuals sponsored as part of the sponsor's household size. Best wishes!

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2 Answers | Asked in Immigration Law for New York on
Q: Does not having an H1b visa on passport going to affect my application of marriage green card?

I have H1b visa but due to Covid I haven't been able to change the visa on my passport from F1 to H1b, but I have the I-797A approval notice for H1b. I'm wondering if that will be enough for applying for marriage green card. Thank you.

Agnes Jury
Agnes Jury answered on Apr 5, 2022

Yes. It will be enough. Best wishes!

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1 Answer | Asked in Immigration Law for California on
Q: As an American citizen, do underage children get a visa when filling for parents?
Agnes Jury
Agnes Jury answered on Apr 4, 2022

Your question does not make sense. You need to provide more information and explain better. Who is applying and for what type of visa, etc. Best wishes!

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I stay longer in USA with visa J2
Agnes Jury
Agnes Jury answered on Apr 4, 2022

More information is needed to answer your question. Best to do a consultation with an experienced immigration attorney because they will have many questions before they can give you an answer. Best wishes!

1 Answer | Asked in Immigration Law for New York on
Q: I filled for an i130 that is approved and send to national visa center. But I made a mistake on the beneficiary’s name

So my wife the beneficiary have a 2 part first name. I accidentally put just one part of her first name on the i130. It’s approved and send to NVC. I want to get it corrected I have all the supporting documents. Would I have any issues getting it fixed.

Agnes Jury
Agnes Jury answered on Apr 4, 2022

You had to have submitted copies of your wife's birth certificate and other documents containing her name as part of the I-130 so it is surprising that USCIS did not reject your I130 Petition or issue a request for evidence regarding your wife's name. Are you sure you omitted the name... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I’m sponsoring my wife. My income is above the 125% but I have past due taxes from years ago.

I’m sponsoring my wife. We have our interview coming up in a few weeks. My income is above the 125% of poverty line I filed all my taxes even 2021 is filed but I have past due taxes from years ago. Does the USCIS verify if taxes are paid or just filed. Thank you.

Agnes Jury
Agnes Jury answered on Apr 4, 2022

USCIS does not verify if taxes are paid by the sponsor, only that they are filed. However, if the fact that they have not been paid does come up, it may put into question why the sponsor cannot pay taxes due to IRS but expects to be able to support another person's daily needs/expenses. USCIS... Read more »

2 Answers | Asked in Family Law and Immigration Law for Illinois on
Q: Can I sponsor my husband whom is an immigrant, on section 8? I am working and may meet the income eligibility level

I will be getting married October of 2022. I'm on section 8 but I also work. I understand there's a minimum level of eligibility of income to sponsor an immigrant spouse. I may be eligible. I understand I have to petition. Will I be able to sponsor my spouse without loosing my Section 8... Read more »

Agnes Jury
Agnes Jury answered on Apr 3, 2022

Your spouse should not be added to your Section 8 voucher. See: https://protectingimmigrantfamilies.org/wp-content/uploads/2020/11/Public-Charge-and-Affordable-Housing_-Get-the-Facts.pdf

Best wishes!

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1 Answer | Asked in Immigration Law for Michigan on
Q: Can I change my F-1 Visa Status if I start my process for the Green Card through marriage?

I am an international student who has been in the USA for 5 years and I've been in a relationship for 6 years. We are planning to get married soon and therefore, start my process for the green card. I only have two semesters left to finish my bachelors, however, I wouldn't be able to pay... Read more »

Agnes Jury
Agnes Jury answered on Apr 2, 2022

You can apply for the green card but you are not put into another visa status while you wait. However, you do not accrue unlawful presence while you wait should your F1 visa expire or you fail to comply with the F1 requirements. In other words, you can stop attending school while your green card... Read more »

1 Answer | Asked in Immigration Law on
Q: My uncle has lost his green card on 2012 and forgot to renew it. Please we need to ask an attorney to help us

he got a social security number.

We will pay all the attorney fees.

We are outside the US.

Agnes Jury
Agnes Jury answered on Apr 1, 2022

You need to contact an immigration attorney directly. You can find one here at Justia.com, or Avvo.com or AILA.org.

Best wishes!

1 Answer | Asked in Immigration Law for Texas on
Q: How does the H1B application 2nd lottery selection work?
Agnes Jury
Agnes Jury answered on Mar 28, 2022

Here is a good article: https://www.am22tech.com/h1b-lottery-status-submitted/

Best wishes!

1 Answer | Asked in Immigration Law and International Law on
Q: Will I be permitted entry into the USA for recreational travel?

I am a Canadian citizen, with an expired 10 year green card which I had from childhood.

Agnes Jury
Agnes Jury answered on Mar 28, 2022

You may be asked by the Border Patrol officer to address whether you have abandoned your residency in the US and/or wish to formally do so but regardless of that as long as you are able to convince the border patrol officer that you are entering the US for recreational purposes and intend to return... Read more »

1 Answer | Asked in Immigration Law for California on
Q: what happens if you overstay LESS THAN 180 days your visa (I-539) due to covid usa? Can i travel to USA again without ?
Agnes Jury
Agnes Jury answered on Mar 27, 2022

Here is a good article on that answers your question: https://www.alllaw.com/articles/nolo/us-immigration/can-visa-overstay-be-forgiven.html

Best wishes!

2 Answers | Asked in Immigration Law on
Q: Hello, I’m Johina in USA and I have my friend in Syria can I sent him an invitation?

I’m a green card holder , and I would like my friend to come from Syria to visit me for few months I we’ll definitely cover the entire trip costs, over there in Syria they can apply for tourist visa it’s hard over there can I send him an invitation?

Agnes Jury
Agnes Jury answered on Mar 27, 2022

You can send your friend a completed Affidavit of Support that he can present at the Embassy during his tourist visa interview. But more important than your Affidavit is that your friend prove to the officer at the Embassy that he has sufficient ties to his home country that he will return from his... Read more »

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Are ‘Tax Credits’ and ‘ Economic Impact Payments’ considered a ‘Means-Tested Public Benefits’ by USCIS?

Hello

I’m currently a Conditional Permanent Resident and when filing our joint tax return, my wife and I can claim certain Tax Credits such as ‘Earned Income Tax Credit, and ‘Child Tax Credit’ on our Federal Tax Return, as well as very similar Tax Credit on our state return based on... Read more »

Agnes Jury
Agnes Jury answered on Mar 21, 2022

The benefits you listed are not "means tested benefits". See USCIS website for an explanation what is and is not:

https://www.uscis.gov/i-864p#:~:text=Federal%20means%2Dtested%20public%20benefits%20include%20food%20stamps%2C%20Medicaid%2C,Health%20Insurance%20Program%20(SCHIP).

Best wishes!

1 Answer | Asked in Immigration Law for Georgia on
Q: What does pending adjudication means ?
Agnes Jury
Agnes Jury answered on Mar 21, 2022

It means your case is being reviewed. Best wishes!

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