It depends on how many dependents that she has now.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
She needs to at least claim you as a dependent. It is best to consult an attorney.
Alexus P. Sham email@example.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
She should put the current number of dependents. You will need to submit the most recent year of tax returns as well. It's possible that if the income level is enough with, say, 1 dependent, but insufficient with, say, the number of dependents listed on the most recent tax return, then USCIS might raise a question about it, or tell you that the income level might not be sufficient. Best to consult with an immigration attorney about the situation.
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The current information.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.