Bell Gardens, CA asked in Immigration Law for California

Q: Since 1995 i been waiting fir immigration interview. Finally yesterday i went to my interview.

Yesterday i had my interview, the immigration officer told me that my file look pisitive and like it. Then the immigration official told my lawyer if she submitted I864 form. My lawyer said yes but it was never found on my file. The immigration official told me lawyer everything looks pisitive except the missing I864 form. After my interview the immigration ofoicer told my lawyer send me the I864 asp so could close this case. The immigration officer said i really like this case and looks very good all i need is the I864 form to make a desision. Accourding to my social security statement i been working more than 23 years, why immigration is requestion my brothers taxes. I thought i qualified on my own and did not need a petitioner for my case. What are my chances of me getting my usa green card after sending the I864 form to immigration. Please help

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2 Lawyer Answers
Dayna Lally
Dayna Lally
Answered
  • Immigration Law Lawyer
  • Woburn, MA

A: The I-864 is an affidavit of support. Most family-based immigrants and some employment-based immigrants are REQUIRED to submit this form as evidence that adequate means of financial support exist and the immigrant is not likely to rely on the U.S. government for financial support.

Depending on your income and household size, you may need to use the assets and/or income of a "joint sponsor" to meet the 125% of the Federal Poverty Guidelines.

I suggest that you work with your lawyer to promptly prepare and submit this form. Any delay in submission will cause a delay in the processing of your application.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: We assume your brother petitioned for you, and under normal circumstances your brother would also be your sponsor.

Without knowing your circumstances, it is hard to say if you could qualify based on your own income. You say you were working for 23 years; were you doing so lawfully? If you were working lawfully, did you earn at least 40 quarters of qualifying income?

The bottom line is this: send in an I-864 along with your brother’s taxes, and your case will likely be approved.

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