We are pleased to present you with
the transcript:
immigrationADM
Jennifer
Wipf: Good evening everyone. This is your
guide, Jennifer Wipf.
Please join me in welcoming our host tonight, Claudia Gregorian from
the Law Offices of Carl Shusterman.
Tonight's topic is "Help With INS Forms: Filling in the
Blanks." I am on the phone with Claudia and will be transcribing her answers here
word for word. As always, any typos are my fault!
:-)
Claudia
Gregorian cont'd: I
just want to remind everyone that the information I will be providing tonight is of a
general nature and may not be construed as legal advice. For specific contractual legal
advice, please consult an attorney :-)
O.K., ready for questions.
immigrationADM
Question
#1: Is the
affidavit of support the same for the original sponsor and the co-sponsor?
immigrationADM
Claudia
Gregorian:
The principal is I-864 and the joint sponsor, providing they are living in the same
household, will use I-864 A. However, if there are other sponsors, not living with the
original sponsor, they will each have to individually submit I-864.
immigrationADM
Jennifer Wipf:
Thank you for clearing that up for everyone, Claudia. Here's another question:
immigrationADM
Question
#2: What
does the term 'household member' mean on the forms?
immigrationADM
Claudia
Gregorian:
Any household member who has been living in the household for at least 6 months who is
related to the sponsor by birth, marriage, adoption; or whom the sponsor has lawfully
claimed as a dependent on the sponsor's most recent federal income tax return even if that
person does not live at the same residence as the sponsor, and whose income and/or assets
will be used to demonstrate the sponsor's financial ability for purposes of Form I-864
Affidavit of Support.
immigrationADM
Jennifer Wipf:
So many of you had that question. I'm sure that will clear up any confusion; thanks
Claudia.
immigrationADM
Question
#3: In
I-485, a Social Security Number is asked for, if a dependent on H4 is filling out the form
what should I put there?
immigrationADM
Jennifer
Wipf: Good
question.
immigrationADM
Claudia
Gregorian:
If the applicant does not have a Social Security number, just write "none" -
that's fine!
immigrationADM
Question
#4: If my
American Citizen Spouse lived in a foreign country as a child, for only one year does she
need to find out that address for the biographical form?
immigrationADM
Claudia
Gregorian: If at
all possible, it would be a good idea to answer as thoroughly as you can. If the
information is not available, just give the city, town and country; all known information
immigrationADM
Jennifer
Wipf:
Thanks Claudia
immigrationADM
Question
#5: The
Biographical Info. sheet refers to "applicant" on the form, does
"applicant" refer to both people, sponsor and alien?
immigrationADM
Claudia
Gregorian:
The biographical form is used both for the alien and the petitioner :-)
immigrationADM
Question
#6: When
getting a medical exam for the I-485 how long is the exam valid for INS purposes?
immigrationADM
Jennifer
Wipf:
Another common question here this evening.
immigrationADM
Claudia
Gregorian:
It is valid for one year
:-)
immigrationADM
Claudia
Gregorian cont'd:
I want to add that for all immigration forms you can link through our website as follows: http://shusterman.com/immforms.html
immigrationADM
Question
#7: In
form I-485 Part 2, what is the application type for a person with H1 status and his wife
with H4 status?
immigrationADM
Claudia
Gregorian:
Are you eligible for a green card through an employment based petition?
immigrationADM
Claudia
Gregorian cont'd:
If you're filing the I-485 based on an approved employment-based petition, you will be
marking Box A, and the family member such as spouse and children will mark Box B if you
are all filing together at the same time.
immigrationADM
Question
#8: What
does someone need to do for fingerprinting?
immigrationADM
Jennifer
Wipf: Good one.
Claudia?
immigrationADM
Claudia
Gregorian:
At the time of filing any application with the INS, that requires fingerprinting, a
separate fee of $25 must be included with the application and payable to Immigration and
Naturalization Service - You cannot write "INS" on your checks: You must write
it out completely. The INS will then mail you an appointment for fingerprinting.
immigrationADM
Question
#9: Which
Affidavit of Support is being used now?
immigrationADM
Claudia
Gregorian:
Currently, two forms are being used: Form I-864 and I-864A together, and Form I-134.
immigrationADM
Claudia
Gregorian cont'd:
All family-based immigrants, including immediate relatives and orphans will be required to
have the I-864 affidavit of support.
In addition, the employment-based immigrants--who have been
petitioned by companies where relatives of the immigrant own 5% or more of the
company--must also use the I-864.
immigrationADM
Claudia
Gregorian: For
any other form of immigration such as: immigrating through visa lottery, for example, Form
I-134 will be used.
immigrationADM
Question
#10: The
green card lottery requires an affidavit of support?!
immigrationADM
Claudia
Gregorian:
Yes, from a US Citizen or Permanent Resident relative or friend from within the United
States, or a job offer from a US based company. This is not a requirement for the lottery
application or winning the lottery! But it is needed at the time of actual application for
the green card, after you have been selected in the lottery.
immigrationADM
Jennifer Wipf:
Thank you Claudia. Here's another question:
immigrationADM
Question
#11: Can
you apply for Advance Parole in person or by mail, either one?
immigrationADM
Claudia
Gregorian:
It depends on the individual office handling the case, but in general all Advance Parole
applications for Adjustment of Status cases that are pending at the service centers are
filed by mail.
immigrationADM
Question
#12: What are
the poverty levels for a family?
immigrationADM
Claudia
Gregorian:
For 48 states, DC, Puerto Rico, Virgin Islands and Guam, for one person, 125% of the
poverty guidelines start at $10,300 for one person.
Up to $34,975 for 8 people in the family and/or any
family member above 8 members, they have to add $3525 per person, BUT this is a partial
answer because government personnel only have to reach 100% of the poverty guidelines.
Also, those figures do not include Alaska or Hawaii: they have their own guidelines.
Please refer to page seven on Form I-864 for revised 1999 Poverty Guidelines.
immigrationADM
Jennifer Wipf:
Good to know, here is another question:
immigrationADM
Question
#13: If I
do not have a birth certificate, what can I do?
immigrationADM
Claudia
Gregorian:
In the event that a birth certificate cannot be obtained, various other legal documents
can be submitted; check with an attorney or look up form instructions: this would be
handled on an individual case basis.
immigrationADM
Question
#14:
Should INS forms be sent by certified mail?
immigrationADM
Claudia
Gregorian: Yes
always!!!!!
immigrationADM
Question
#15: Do I
include my spouse's income on a green card application if my green card is employment
based?
immigrationADM
Claudia
Gregorian:
If you are applying for a green card based on employment, you do not need an affidavit of
support, unless the employer is a relative and owns 5% of the company.
If your spouse is immigrating together with you,
under your employment petition, the job offer letter from your employer or affidavit of
support form I-134 will suffice for your spouse. This is a general overview. Individual
cases need to be handled on a one-to-one basis.
immigrationADM
Question
#16: How
do you determine where you are to file your paperwork?
immigrationADM
Claudia
Gregorian:
If you look at the instructions section of the individual form, you will find brief
instructions and addresses/filing information there. You can also link to the INS Home
Page through: http://www.shusterman.com/ins.html
and look up *new forms, fees and filing chart* for more update information.
The website may prove helpful, but the phone line
is not as user-friendly.
immigrationADM
Jennifer
Wipf: Does
anyone else have questions before we say good night to Claudia? OK, it looks like we've
gotten to everyone just in time. Great. Thank you Claudia.
immigrationADM
Claudia
Gregorian:
It has been a pleasure having this virtual conversation with you, everyone. A last word of
advice: always double check with immigration attorneys for the most up-to-date filing
information. It is a good idea to have an attorney for most, but not all cases. I would
also like to mention that our site has over 100 forms, more even than the INS has
available: Here is the URL for free form downloads:
Jennifer
Wipf: O.K.
Claudia, good night and thank you for hosting this evening. Everyone really appreciates
it. :-) See you again soon for more forms tips!
I believe that I got to all of your questions. If I missed
anyone, I apologize.
If you have additional questions, we
may be able to direct you to an answer within articles on Shusterman's
site. Peter and I, your editors
to Immigration Issues at Born Abroad will
be happy to help you and direct you to the specific information you need.
You can also send us any comments
about this chat and how to improve the next one. We will work hard to make these chats
valuable for you, and will share comments with Claudia and Mr. Shusterman as well.
Write to immigration.guide@about.com.
And last but not least....
In all these chats, I notice that
before our host arrives many of you are busily sharing your stories with each other, and
then I change to moderator console and you probably feel frustrated at not being able to
continue interacting.
The size and professional nature of
hosted chats require that I moderate.
and on this Born Abroad site at the Events link up by our photos
on every page of this site.
Claudia, Peter and I all wish
you much success with those pesky immigration forms and hope all your immigration and
other endeavors go smoothly! Thank you all for coming and we will see you again at the
next chat!
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