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Can i go back to school now that i have file for an adjustment of statue?: Entered the United state with an F1 which was terminated later run. Got married with my girlfriend (wife) and file for an Adjustment of statue. My question is can i go back to school now or should i wait till the adjustment of statues is completed.

Asked over 7 years ago in Immigration

John’s answer: Check with your International Department to see if your F1 status can be reinstated. Wish you the best.

Answered over 7 years ago.


What are the responsibilities for a joint sponsor-I864?(greencard application): I am a US citizen and I am going to sponsor my wife for green card application. We are both in college and will graduate in a year. She is currently staying in US using her I-20 visa.

My incomes do not meet the requirement. My parents do not live in US and they are not US citizens so I am trying to persuade my relatives in US to be a joint sponsor. They want to know what are there responsibilities. Since me and my wife are supported by our parents the joint sponsor does not need to give us money at all.

If the immigrant receives a Federal, State or local public benefits, the joint sponsor may have to re-pay the costs associated with the benefit that they receive. What are state and local public benefits? I don't think me and my wife need to and will be receiving any kind of benefits.

How does being a joint sponsor affect the person's tax return? Does the person need to do something different when filing a tax return or any other forms?

Thankyou!

Asked over 7 years ago in Immigration

John’s answer: The joint sponsor is liable to ensure your spouse is getting at least 125% of the poverty level for her income, until she becomes a US citizen. The government is trying to expand the list of public benefits as we right this answer. There is a proposed rule now.

Answered over 7 years ago.


Do I need to file I-212/I-601 if a voluntary departure was made for adjustment of status?: In 1987, my father at 18 years old attempted to enter the United States from Mexico with a US Citizen's Birth Certificate, at the port of entry in Brownsville, TX. Where he was detained for 12 hours at a district court and signed a voluntary departure. The final verdict was supposed to be a 6 months sentence but because he pleaded guilty, he was able to sign the voluntary departure (left the following day) and given a 3 year bar. He then returned back home and stayed for 8 years. In 1995, he and my mother came to the United States legally through a tourist visa, in which he overstayed his visa. I am 22 and a US citizen, my mother a permanent resident. I will petition for my father but my question is whether he needs to file I-212/I-601 or can we file for adjustment of status normally with an I-130. I have obtained FOIA and have posted as much information as I could, however if any more information please ask away. Thank you kindly

Asked almost 8 years ago in Immigration

John’s answer: Hello, I would need to know more information to provide the proper course of action. From your facts, yes he needs to file those forms. However, you mentioned district court, which is not immigration court. I would need to review if there are is criminal history as a precaution. He also needs at least one person who is considered a qualifying relative to apply for I-601 waiver. These include his spouse or parent who is a US citizen or Legal Permanent Resident. Children even adult age is not a qualifying relative for purpose of I-601. To further discuss, we welcome you to self schedule an appointment at www.calendly.com/JohnTing

Answered almost 8 years ago.