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  • Desperate for reply

    My wife who is my sponsor has just been laid off from her job. I am making 25k a year myself. Can we use the I-864A? What I mean is, can I as the sponsored immigrant use I-864A to help my wife sponsor me? Our interview is coming up very soon.
    Would be very grateful for a reply.

  • #2
    My wife who is my sponsor has just been laid off from her job. I am making 25k a year myself. Can we use the I-864A? What I mean is, can I as the sponsored immigrant use I-864A to help my wife sponsor me? Our interview is coming up very soon.
    Would be very grateful for a reply.


    • #3


      • #4
        Thank you Mohan!


        • #5
          Even if you have been/still are working illegally in the US, you are better off filling out the I-864A.


          • #6
            Doesn't disclosing to the INS that you've worked illegally in the US jeopardise the chances of being granted the green card? Just a question...


            • #7
              Actually No. The law says that aliens who are Immediate Relatives (i.e., spouses, parents and unmarried children under 21) of U.S. citizens are eligible to adjust their status even if they have engaged in unauthorized employment, or are illegally in the US at the time of filing of AOS, or may have failed to continuously maintain status since their entry into the US.

              In addition to the Immediate Relatives of US citizens, who will be forgiven for the above-mentioned irregularities, Section 245(i) exception allows other aliens who are beneficiaries of a bona fide immigrant visa petition (an I-130, I-140, or I-360) or application for labor certification that is filed on or before April 30, 2001 to be eligible for AOS, althought they may have

              - entered into the US illegaly,
              - remained illegally in the US after entering with a valid visa, or
              - worked illegally

              These beneficiaries of immigrant petitions/labor certifications that are filed after the old deadline of January 14, 1998, but before the new deadline of April 30, 2001, are required, though, to prove that they were physically present in the United States on December 21, 2000, the date that the new deadline became law.


              • #8
                Exactly, these guys on this other thread,


                for instance, are well in track with their applications, despite their illegal status and having worked illegally in the US.


                • #9
                  Wow, long discussion there...I would appreciate though if Mohan would explain what does he mean when he says:

                  "I almost forgot, When you go to pick up EAD make sure there will not be any deportation against you. otherwise you will be detained, instead of issuing EAD.(Zero tolerance)."

                  Is there a way to find out whether you may have been initiated deportation proceedings against (for being in the US illegally, for instance) or even worse having a deportation order entered?


                  • #10
                    Many cases INS issue NTA (Notice to appear), and if any reason ( address change or other/not delivered) person not appeared, then Alien is detained at any visit to INS (He might be unaware of NTA). Once you are entered and out of status, you are accmulating physical presence which have its benifit after ten years insome cases. Issuance of NTA will stop the clock of physical presence too.....hope it helps


                    • #11
                      Mohan, but how can one practically know before s/he shows up at an INS office whether he has not been placed in deportation proceedings? I think you cannot call the INS and stupidly ask "Am I placed on deportation"?


                      • #12
                        - Having a current address on file for noncitizens will help to avoid the kind of problems that arose, for example, in Matter of G-Y-R-, 23 I&N Dec. 181 (BIA 2001). There, the Board of Immigration Appeals considered a case where the alien had not provided a new address in the last 5 years and the INS knew that the alien did not receive the Notice to Appear because it was returned by the Postal Service as undeliverable. In those circumstances, where the alien had not been given proper notice of the obligation to provide a current address, the Board concluded that an "in absentia" order could not be entered against that alien.

                        - Clarifying Law for the INS. Under this rule, the INS will be able to serve an NTA (Notice to Appear) or another immigration enforcement process to place a noncitizen into removal proceedings, as authorized by law, by mailing the notice to the most recent address provided by the alien.

                        - Having a current address will also assist the ability of aliens who are placed in removal proceedings to exercise their statutory rights including having the opportunity to present their views before an Immigration Judge and to seek any available relief from removal.

                        - Noncitizens Who Fail to Appear for a Removal Hearing after proper notice may be ordered removed "in absentia," in appropriate cases.


                        • #13
                          Okay, but still Mohan says that one can check to see you have no deportation proceedings initiated against? How can you do that?


                          • #14
                            Wow, that turned in to an interesting discussion. So do I understand it correctly Mohan that even though my wife who is my sponsor is laid off and doesn't have any income at all at the moment, we can still qualify as a household if we count my income of 25K a year and use I-864A? I have been working for six months now, since I got my work permit while my case is pending. Our interview is in one week.

                            Also, does my wife still fill out the I-864, or do we just bring the I-864A?
                            Thanks Mohan. You're a rock. Steve


                            • #15
                              Answer is YES. She has to file I-864 and as a household member you will be on I-864A... good luck.


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