Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Agnes Jury
1 Answer | Asked in Immigration Law for New York on
Q: Hello Looking for information regarding my mom’s immigration application (I-130) which got approved recently.

We are now in the process of submitting the affidavit of support I-864 and financial documents to the NVC before they can schedule her interview at the US embassy in Cairo, Egypt. It would be great if you can answer few questions in that regard.

1-The minimum household income for 2 is... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

You will never be in a position to have a household of 1 because the sponsor and immigrant will always count so that is a minimum of 2 household members. Benefits that are considered “taxable income” by the IRS, can count toward meeting the 125% of Poverty Guidelines levels required in order... Read more »

4 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: hello, i need help sponsoring my foreign spouse

i, the sponsor and household member have a combined income to meet the minimum required amount to sponsor a relative but both of us weren't required to file taxes since i started a job late December 2020 with first paycheck in January while the household member started a job in November and... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

If you are just starting your sponsoring process then it will be months before you get to NVC level so you will hopefully have more evidence of stable income and employment by then. If you are at NVC level now and submit what you have, NVC will let you know whether they think you and your household... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Washington on
Q: I am filing my n-400 and I have a question, I have my 4 year tax transcript, the first year in 2016 I didn’t work?

In 2016 I am filing my n-400 and I have a question, I have my 4 year tax transcript, the first year in 2016 I didn’t work?I did not work and I was a student, my question is that for my n-400 ,I have my 4 year tax return, for 2016 I didn’t have income , so I don’t file a tax return, do I file... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

When you don't file a tax return because you are not required to file a tax return per IRS rules, you would answer YES to not having filed a tax return and simply explain why you were not required to file for that year. Best wishes!

https://www.creditkarma.com/tax/i/who-files-taxes...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Looking to switch from consular processing to adjustment of status. How do I do it?

Case has been documentarily qualified for over a year and the beneficiary is currently visiting in the US. Other than submitting I-485, are there any other steps that need to be taken? Will there be a long delay if we switch? Any reason not to switch since there is a large backlog of consular... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

Switching from consular processing to Adjustment of Status is technically doable and easy but whether it should be done is a very fact sensitive analysis that should be done with an attorney because of the risk of potentially being denied Adjustment of Status. I recommend you at least do a... Read more »

1 Answer | Asked in Health Care Law and Immigration Law for Florida on
Q: I just found out I am pregnant. I do not have my SSN yet. Can I apply for any health insurance with my ITIN number?

Based in FL

Agnes Jury
Agnes Jury answered on Apr 7, 2021

It is up to the health insurance provider whether they will accept an ITIN number instead of SSN. Some do, others don't. If you are an immigrant, be careful about getting benefits that may cause you to be considered a "public charge".... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: Father’s birth name was Konstantinos in Greece, but when he immigrated to USA, he used name Gus. How can I change?

I need to change his legal name to match his birth name because I am wanting Greek citizenship.

Agnes Jury
Agnes Jury answered on Apr 7, 2021

I assume that your dad's name on your birth certificate is Gus and in order to get Greek citizenship you need to show that Gus is Konstantinos. Making changes to a birth certificate is done through the Vital Records office. https://www.michigan.gov/mdhhs/0,5885,7-339-71551_4645_4933---,00.html... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I file form I-407, Abandonment of Lawful Permanent Resident Status instead of form i-751?

I currently have a conditional green card. I am supposed to submit form i-751 to remove conditions soon. However, I no longer wish to pursue my residency here in the united states. Am I able I file form i-407 to abandon permanent residency instead of i-751? I will be going back to my country.... Read more »

Agnes Jury
Agnes Jury answered on Apr 5, 2021

You do not need to file form I-751 if you wish to file form I-407. Your permanent residency will expire if you do not remove the condition anyways but it would be best to file form 407 so that USCIS is aware that you voluntarily gave up your residency, not that you failed to renew. Best wishes!

1 Answer | Asked in Immigration Law for Texas on
Q: My parents has extended B2 visa for 10 months how can I make them stay in States longer ?

Hi,

My parents have entered into U.S end of 2019. We had to get 6 months extension during covid and we extended another 4 months. Because of my parent's health problems. They both had serious surgeries in the past and their doctor advised us if they get infected with covid they may end... Read more »

Agnes Jury
Agnes Jury answered on Apr 5, 2021

A lot more information is needed to evaluate your parents' options. You should do a consultation with an experienced immigration attorney. Many offer free phone consults but it would be well worth paying for advice from an experienced attorney. Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: Does a latent TB (with a clear X-ray) reported in I-693 a concern to approve I-485 ?

I have finished my medical examination as part of the USCIS requirement.

In my medical test, I was found positive for Tuberculosis (TB) in the blood test. However in the follow-up X-ray examination, It was clean. I was found to have only 'latent TB' infection and not... Read more »

Agnes Jury
Agnes Jury answered on Mar 31, 2021

Positive TB tests happen frequently but if your doctor signed the I-693 form and assured you that there should not be a problem then there very likely will not be. But if you have the money and want peace of mind then doing another test after treatment can't hurt. Here is more information... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Does USCIS consider ‘Economic Impact Payments’ (Stimulus) as ‘Means-Tested Public Benefits’ for Immigration purposes?

Hello

I came to the US and got married to a US citizen in 2019. My wife who is my Sponsor on Affidavit of Support Form I-864 received 2 Stimulus Payments in 2020/2021 - they were based on her last Tax Return when she was single. Because I didn’t work in the US in 2019, I didn't file... Read more »

Agnes Jury
Agnes Jury answered on Mar 30, 2021

As far as I am aware, U.S. Citizenship and Immigration Services (USCIS) has not clarified whether accepting the stimulus check is considered a public benefit for purposes of inadmissibility, but the USCIS Policy Manual indicates that tax credits are not considered public benefits in a public charge... Read more »

View More Answers

1 Answer | Asked in Divorce and Immigration Law for Colorado on
Q: I need help with divorce and with our green cards, do we lose all that by getting divorced?

I've been married for a year and eight months, I came to the United States under a fiance visa, then we got married here in Denver, my husband is American, I have a 13-year-old daughter, we both came to this country to start a family, my husband He said that he no longer wants me here and is... Read more »

Agnes Jury
Agnes Jury answered on Mar 29, 2021

This is not a simple answer but there is a lot of good information on this topic on the internet. Here is a reliable source: https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

I would recommend you do a consultation...
Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: f1 un till April 2022 student had I130 approved F2b category if chose AOS processing vs Consular can he travel Canada?
Agnes Jury
Agnes Jury answered on Mar 24, 2021

The AOS applicant/student would have to submit an application for Advance Parole (form I-131) at the same time as the AOS and wait until the Advance Parole (i.e. permission to travel) is granted BEFORE travelling outside the U.S.

If the AOS applicant/student travels without Advance Parole...
Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: My partner came to US at 14 with his mother. Is there a path for him to get a legal status?

His mother had protect status when she brought him in, but did not help her children with immigration. He has a misdemeanor for marijuana from 10 years ago, but has been clean and remained out of trouble since. We've been together for 5 years and want to start a family, but we're told... Read more »

Agnes Jury
Agnes Jury answered on Mar 15, 2021

This is not a question that can easily be answered through this forum because many facts have to be taken into consideration. I recommend doing an in-depth consultation with an experienced immigration attorney who handles Family based immigration AND Deportation/Removal defense. Best wishes!

View More Answers

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am a student studying under an F-1 visa and want to visit my my home country. Will I be allowed back into the US?

What circumstances would cause me to be not allowed back into the US after traveling back to my home country, and has COVID-19 made it more difficult to return if I have been vaccinated.

Agnes Jury
Agnes Jury answered on Mar 15, 2021

It depends what country you are from. You should look at the Dept of State's website for current COVID related restrictions. See: https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html

But you should also consult with an immigration attorney if you...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: On N-400, should I provide 5 years of info for questions that don't specifically ask for 3 years(married to US Citizen)?

The N-400 form and instructions are inconsistent if 3 or 5 years of information should be provided if you are married to a US Citizen. Specifically, Part 1 is clear that 3 years applies as a lawful permanent resident, but Part 5 asks for 5 years about my residence and Part 8 asks for 5 years of... Read more »

Agnes Jury
Agnes Jury answered on Mar 12, 2021

You should answer the question asked and provide 5 years of information regardless of how long you have been a permanent resident. Also, USCIS has recently changed their practice of reviewing the immigration

history of a naturalization applicant during the naturalization process and will...
Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status)

Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before... Read more »

Agnes Jury
Agnes Jury answered on Mar 12, 2021

You are allowed to file I-539 on B2 visa but if you file for AOS BEFORE your wife's B2 stay expires then there is no need to file the I-539 because as soon as USCIS receives your application your wife's stay will be automatically extended until a decision is reached (or application is... Read more »

View More Answers

3 Answers | Asked in Immigration Law for Tennessee on
Q: Would I be able to leave and enter the U.S. with just a green card? My passport expired two months ago
Agnes Jury
Agnes Jury answered on Mar 12, 2021

No. You need an unexpired passport for international travel. But you can expedite the renewal of your passport. See: https://travel.state.gov/content/travel/en/passports/get-fast.html. Best wishes!

View More Answers

1 Answer | Asked in Immigration Law for Illinois on
Q: Are international students allowed to rent their things as a secondary, passive source of income?

I know international students under an F1 visa are allowed to own and rent property in the US and they are also allowed to earn passive income through stocks. So I was wondering if international students, under an F1 visa, are allowed to rent their things especially when they are not in use or to... Read more »

Agnes Jury
Agnes Jury answered on Mar 11, 2021

If your income comes from Employment then you are subject to the F1 student employment restrictions (see: https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/students-and-employment). However, if your income is passive (i.e. when the earner expends little effort to... Read more »

1 Answer | Asked in Family Law and Immigration Law on
Q: how do you know if your marriage is recognized in canada even if you got married in another country and never lived

I came to canada as a single and then went to married my boyfriend in fiji he lives in newzealand and they gave us marriage certificate that we got married there. we never lived together after that because he was living in newzealand and i was living in canada. I never disclose my marriage status... Read more »

Agnes Jury
Agnes Jury answered on Mar 11, 2021

There will be significant consequences if your marriage in Fiji is valid (which it likely is). I recommend you contact an attorney Fiji who handles family law to find out if your Fiji marriage can be annulled. Once you have that answer, I recommend you contact an experienced immigration attorney to... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Hi, I have the IR1 visa in my passport until July. I am planing to enter in USA in May and spend 1 month, after leave

Leave back in Europe and take my exams.

And come back in Usa by September. Is tjat going to be ok for immigration?

Agnes Jury
Agnes Jury answered on Mar 10, 2021

Once you have your green card (which hopefully you will receive within the one month you will be in the US in May), leaving the US for 3 months should not be a problem. Just be ready to explain why you left for 3 months so quickly after becoming a US citizen in case the Border Patrol officer asks.... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.