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Barbara Ann Williams

Barbara Williams’s Answers

31 total

  • Can I sponsor my husband when I don't work?

    I am about to file petition for my husband to get his green card. But can I do it even though I don't work? (my husband does work and pays taxes) I know INS will want to see my taxes for last 3 years - last 3 years I was married to someone else...

    Barbara’s Answer

    If you are the primary petitioner, you will still have to complete the required Affidavit of Support regardless if you have income or not. If your spouse's income was earned without proper work authorization depending upon your circumstance, you may run into problems at the interview stage.

    You can also have a co-sponsor complete the required Affidavit of Support on your husband's behalf. This person must meet the income guidelines and must submit documentation to prove income. The Co-sponsor must also show proof of lawful permanent residency or US citizenship.

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  • How much money do i have to make to sponsor my husband?

    I am about to file petition for my husband to get him green card. How much money do i have to make to do this? Can we include his income also?

    Barbara’s Answer

    USCIS determines sponsor qualifications based on Poverty Guidelines that can be found on their website. The required income of the sponsor is dependent upon the number of people the sponsor is supporting within the household including the intending immigrant. Sponsors whose income does not rise to the required level may use certain assets to meet the income requirements. If your husband's income will be used to determine eligiblity, he will also need to complete the supplemental Affidavit of Support form. You should be cautious about including income your husband earned without proper work authorization unless waived.

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  • Married with an inmigrant, immigration has fingerprints 11 years ago, DUI went to court, how long it takes to process recidency

    he paid the fine and went to court. He has 2 kids he takes care of. He was detained at the border and was taken his fingerprints and married a citizen will it take a long time to get his visa??? will he need to go back to mexico??? How long ?

    Barbara’s Answer

    Your question needs a little more clarification. Are you a US Citizen? Did you ever file a visa petition for him? Has anyone ever filed a visa petition for him? Was he detained for attempting to enter illegally? Was he sent back across the border? All of these will factor in to whether he must apply for a visa and possibly a waiver of inadmissibility outside the US or if he is eligible to obtain a visa inside the US.

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  • How to find out what City of Residence was used when we applied for my greencard over 10 years ago? and the issuing Consulate?

    Over 10 years ago we moved from the UK to the US - I was then a dependent military wife, non-US and non-UK citizen. At the Port of Entry (Baltimore, MD) I met with some immigrant officers and then after a chat right there at the airport (maybe tha...

    Barbara’s Answer

    Doing a Freedom of Information Act request with the issuing agency will provide you access to your immigration file and history, including city of residence, dates and places of entry, copies of applications filed on your behalf, etc. It is likely that your then-spouse applied for the immigrant visa for you where you where living abroad through the local US consulate. This would be the consulate that issued the immigrant visa. You are correct that you should renew your green card before filing for citizenship to correct any anomalies and ensure eligibility.

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  • How do we apply for residency for an illegal immigrant marrying a US citizen?

    I am an undocumented immigrant brought to the US when I was about 6 yrs old, have lived here ever since. I am going to marry a US citizen. We are trying to figure out what we need to do to make me a legal resident. Some have told us it would...

    Barbara’s Answer

    Under current US Immigration Law, you are left with few options if you are indeed undocumented and came without papers (EWI). While ordinarily marrying a US Citizen would put you ahead in line for a green card, you will likely be unable to apply for a green card administratively without leaving the US and processing at a consulate abroad. However, voluntarily departing the US even to consular process will pose huge problems for you as under 212(a)(9)(B)(ii) of the Immigration Act, you will be barred from returning to the US for 10 years absent a waiver for any unlawful entry and overstay. Depending upon your home consulate, you may have a good chance of being granted a waiver and being able to return to the US with your green card without having to wait outside the US for 10 years. However, processing times and results vary thus making it especially critical that you consult competent immigration counsel before attempting to depart the US.

    Do not try this on your own. Subsequent unlawful and undocumented re-entries after your departure will only further complicate your situation should the waiver be improperly prepared and denied, thus subjecting you to even more immigration hurdles.

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  • I am holding B2 visa and my husband is working on OPT.He has applied for H1b this april the same is on hold reason not known yet

    I have visited him thrice before on b2 status but want to apply for dependent visa.My last stay was for 6 months.Currently I am in my home country and plan to leave for US this month. 1.Should I touch my visa status while his h1 application is un...

    Barbara’s Answer

    The problem of entering the US on a B-2 is intent. If you can establish that your intention on entering the US under the B-2 is to visit and that you plan to return before your authorized stay expires, then you will be allowed entrance. If your husband is currently an F-1 student (pending the outcome of the H1B visa petition), you should be able to enter the US as a dependent in F-2 status. However, once the H1B petition is approved, you would need to obtain a change of status to H4. It may be easier to wait out the H1B petition abroad and then apply for the H4 visa at the embassy once the H1B comes through.

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  • How many years does it take for my sister to file for me in the caribbean

    how many years does it take for my sister to file for me in jamaica

    Barbara’s Answer

    Assuming your sister is a U.S. citizen and files a family relative petition on your behalf, you would be in the 4th preference category under the Visa Family preference tables. This category has one of the longest periods of waiting before a visa becomes available. The current priority date for family 4th preference is August 15, 1998. In other words, visas are available for those whose brother or sister filed a relative petition on their behalf on or before August 15, 1998. So the wait at this point is approximately 10 1/2 years if your sister files today.

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  • Can I sue an immigration attorney for filing the wrong paper work for my immigration case and get my money back?

    My attorney that was handling my case filed for adjustment of status for me thru my mother and my residence got denied because she is not a citizen. Shes a permanet resident. I had filed before that thru my husband which is a United States citize...

    Barbara’s Answer

    Whether you should sue your prior attorney is dependent upon the specific facts. Is this person indeed an attorney? Do you have a written agreement with him or her that outlines their obligation to you? During the consultation with the attorney did you thoroughly discuss your eligibility for the immigration benefits?

    From your question, it is not clear whether you entered the US legally (with papers) or not. You mentioned your USC husband filed something for you before and that you were advised to consular process. What exactly did he file for you?

    For someone who entered the US without inspection (EWI), unless a Family Relative Petition or Employment Petition was filed on your behalf on or before April 30, 2001, there is no way to adjust status in the US (obtain a green card without leaving the US). These people must consular process and obtain an immigrant visa at a US consulate in their home country. For someone who a relative or employer filed a qualifying petition on their behalf on or before this date, they are considered 245(i) eligible and can apply for their green card from within the US through a process called Adjustment of Status.

    Depending upon your current immigration status, whether you entered the US with a legitimate visa, or if you are 245i eligible and a visa is immediately available to you would determine whether you have a case to reopen.

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  • How do I prove in accordance with immigration regulations that an out of wedlock child is mine?Do I have to submit to blood tes

    For what kind of visa do I apply in the consulate? I already had legalized my paternity there but I do not whant to submit to blood test. You would need to provide more facts, as this can get complicated. For an adoption to be recognized for im...

    Barbara’s Answer

    As to the first part of the question, a DNA test is needed to establish clear evidence of paternity. Depending upon your objective, and your immigration status (and that of the child's mother), you may also have to establish that you have provided for the child, and held the child out as your own, among other things.

    The remainder of the question is a bit confusing as it appears someone is attempting to answer it based on the assumption you are speaking about adoption.

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  • My brother is in jail, how will this affect his immigration status

    he is in jail.they charge him because he was deported in then he comeback after a month.my cuestion is how long he will be in jail. thanks

    Barbara’s Answer

    Someone who is previously deported and then re-enters before the time period allowed or who re-enters without prior permission from the government is usually subject to a permanent bar against re-entry. Worse, they may also be subject to additional federal charges and prison time. If the person has a prior criminal history, this will only make matters worse. Given the scenario you are describing, bond may not be available to him allowing his release at this juncture and removal proceedings may just be re-instituted against him. Talk to an immigration lawyer for more specifics about what relief, if any is available to your family member.

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