I'm trying to fill out fee waiver form I912 based on low income.
My tax returns for 2019 less than the %150 of the federal poverty guidelines. but now my work closed due Covid-19 and I receive unemployment benefits and $600 weekly PUA .
Also, my wife changed her work and her income increased since tax filing but we still below the limit of %150.
So my question is : what should I write in these fields 1- Your annual income 2- Annual income of all family members 3- Total additional income.
1. Your annual income is your current annual income.
2. You can average your wife's income.
3. Yes, you must disclose the receipt of unemployment benefits and any other benefits.
Be careful because fee waivers are not available for all forms. Receiving a fee waiver can also be problematic down the road if the ultimate benefit requires an affidavit of support.
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I am sure Ms. Barlow's answer above is correct. I am a tax attorney and I am used to clients having to fill out a form that really has more questions than answers. The IRS, attorneys, economists and accountants argue about the definition of income all the time. Don't panic. Perhaps one issue that is confusing you is that NJ unemployment benefits are not taxable by the state. They are taxable by the IRS at the Federal Level.
This ICE question is not like an IRS definition of income where there are many, many exceptions. They want EVERYTHING to tell what your resources are. The interesting question: is the $1200/person emergency payment income on ICE's Form I912? You are on strong ground not including it in ICE I912 income because Congress made it non-income and non-taxable. (Technically, it's a refund on past taxes.)
However, the interviewers will probably be trained to ask about the $1200 refund. What they do after that with the information: who knows? As above, if they don't ask, you have Congress on your side that the $1200 isn't income if there is an "audit."
Finally, I'd like to emphasize what Ms. Barlow said about all these income problems being bad for your application for citizenship. They are not going to admit people who will become wards of the state. The sole exception may be if you are seeking asylum from severe danger if you go home. RIght now, I assume Trump will not allow any asylum (unless it's his Russian buddies who have angered Putin and may "disappear.") This will change if (hopefully, when) Biden becomes President but it would not be immediate.
Thank you for getting me educated on immigration. Mainly, that the ICE fees themselves are so expensive. I thought people were talking about legal fees -- which I am sure are more than the ICE fees -- but still are formidable.
Good luck -- i think you will need it at least until January 20, 2021.
The above is not legal advice. To give legal advice, I would need to know many more facts and particulars. It is simply a commentary on an interesting question posed by a member of the public and it is answered, under the Constitution, as free speech for the public good. Beware that the answer may be wrong or not apply in all situations. You must privately consult with an attorney to have your exact question in your particular situation answered accurately. No attorney-client relationship exists and no such relationship is anticipated from the answer. The answer is made to provide a commentary or a resource to all members of the public in the future and is not actually made solely for the benefit of the particular person asking the question in the present. Thank you and good luck.
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