Petitioning Father ex LPR

[Pat the man 0]

My father came in the U.S. in 1981 as an undocumented worker and filed for LPR and recieved his greencard in 1987 under the 1986 IRCA act . My father maintained his LPR until 1996 where he left the country and has not return since. Hence has lost his LPR due to abandonment. I will file for his petition in December. Question 1 Does he face any ban to the U.S. because of his illegal entry to the U.S. in 81.... 2. His is also in arrears in child support for hundreds of thousands of dollars. Will that prevent me from petitioning him. I am almost certain that If I was in arrears that would prevent me but I have researched and do not see any law applicable to his situation I could be wrong however. His abandonment was not intentional he had an accident he has maintained his intent to return the whole time but would be difficult to prove for the SB-1 visa. He was unaware such visa was available to him until I did some research .. Any help would be greatly appreciated . I might seek some counsel assitance dut to the complexity of this case but any help you guys can provide would be great

[aaron2020 11,651]

My father came in the U.S. in 1981 as an undocumented worker and filed for LPR and recieved his greencard in 1987 under the 1986 IRCA act . My father maintained his LPR until 1996 where he left the country and has not return since. Hence has lost his LPR due to abandonment. I will file for his petition in December. Question 1 Does he face any ban to the U.S. because of his illegal entry to the U.S. in 81.... 2. His is also in arrears in child support for hundreds of thousands of dollars. Will that prevent me from petitioning him. I am almost certain that If I was in arrears that would prevent me but I have researched and do not see any law applicable to his situation I could be wrong however. His abandonment was not intentional he had an accident he has maintained his intent to return the whole time but would be difficult to prove for the SB-1 visa. He was unaware such visa was available to him until I did some research .. Any help would be greatly appreciated . I might seek some counsel assitance dut to the complexity of this case but any help you guys can provide would be great

You absolutely should consult with an immigration lawyer. Your father's illegal entry will not count against him as he was able to become an LPR despite the illegal entry. The big problem is the failure to pay child support. The failure to pay child support is a crime under federal law and most state laws. A person who wants to be an LPR must demonstrate good moral character. A person who fails to pay child support will most likely fail to show good moral character.

I know for a fact that the failure to pay child support can result in an LPR being denied US citizenship. An US citizen or legal resident who fails to pay child support may be denied a US passport. So following this line of logic, a person who wants to be an LPR that fails to pay child support will most likely not get a US immigration visa or green card.

Edited June 14, 2009 by aaron2020

[aaron2020 11,651]

Try Google: search for "immigration failure to pay child support good moral character" to get yourself started on your research.

[Pat the man 0]

funny thing is ....... he will never be able to pay it from over there lol... i dont know if there is a statue of limitations on this..... might be interesting to find out though

[aaron2020 11,651]

funny thing is ....... he will never be able to pay it from over there lol... i dont know if there is a statue of limitations on this..... might be interesting to find out though

It doesn't matter if the statute of limitation runs out. The failure to pay in itself is a failure of good moral character. The running of that statue of limitation doesn't make your father a person of good moral character.

Failure to pay child support is a failure to comply with a court order. A court can retain jurisdiction as long as the person is evading its jurisdiction, i.e., leaving the the country.

Go see a lawyer, but I don't think your father is ever coming back to the US legally.

[JimVaPhuong 4,863]

funny thing is ....... he will never be able to pay it from over there lol... i dont know if there is a statue of limitations on this..... might be interesting to find out though

I assume his child support order was issued by a US court, since it would be hard to believe he could get that far behind in Colombia.

When was his last child support payment due, and in what state was the order issued? The law is different in each state. Some states impose a limit on how long after the payment is due any enforcement action can be taken. Other states only impose a limit on how long after a payment is due an application for enforcement action can be taken, but there is no limit on how long after the application is submitted any enforcement action can be taken. Some states have no limitations at all - the order is enforceable until it's paid.

If there is a UIFSA enforcement order in place against your father, then the federal government will know about it, and it's unlikely they would issue a visa for him. If they did, they'd probably arrest him as soon as he arrived in the US.

http://www.childsupportguidelines.com/arti.../art200103.html

[gloryforixseal 0]

I have not heard of such petition, but I am eager to know the repsonses. I heard/read somewhere if you have a business and can prove that you cant do it by yourself without help and cant afford to get a worker here? Anyway, I can be complately wrong, I would really like to hear from the experts

[JimVaPhuong 4,863]

I have not heard of such petition, but I am eager to know the repsonses. I heard/read somewhere if you have a business and can prove that you cant do it by yourself without help and cant afford to get a worker here? Anyway, I can be complately wrong, I would really like to hear from the experts

You're talking about temporary worker visas, which is something completely different from what Pat was asking about. Temporary worker visas are issued to a foreigner to come to the US for a specific period of time to work for an employer in the US. They are non-immigrant visas because the foreigner has to leave the US when the visa expires. You are specifically talking about a business owner sponsoring a foreigner for a temporary worker visa. The requirements are different for each type of temporary worker, but in no case does it have anything to do with not being able to afford to hire an American worker. In most cases, it has to do with a shortage of available American workers with the skills or knowledge needed for the job.

Pat was talking about an SB-1 visa, which is a type of visa available to someone who already has a green card, and has left the US for less than one year and wants to return.

Anyway, this site is about family immigration, so this is not a very good place to look for advice on temporary worker visas.

[Pat the man 0]

I have not heard of such petition, but I am eager to know the repsonses. I heard/read somewhere if you have a business and can prove that you cant do it by yourself without help and cant afford to get a worker here? Anyway, I can be complately wrong, I would really like to hear from the experts

You're talking about temporary worker visas, which is something completely different from what Pat was asking about. Temporary worker visas are issued to a foreigner to come to the US for a specific period of time to work for an employer in the US. They are non-immigrant visas because the foreigner has to leave the US when the visa expires. You are specifically talking about a business owner sponsoring a foreigner for a temporary worker visa. The requirements are different for each type of temporary worker, but in no case does it have anything to do with not being able to afford to hire an American worker. In most cases, it has to do with a shortage of available American workers with the skills or knowledge needed for the job.

Pat was talking about an SB-1 visa, which is a type of visa available to someone who already has a green card, and has left the US for less than one year and wants to return.

Anyway, this site is about family immigration, so this is not a very good place to look for advice on temporary worker visas.

actually SB-1 are for people that left the country for more than 1 year. Im almost absolutely inclined to have hime renounce LPR so he can do it over again. come in on a parent visa dont need to file an I-864 because he has 40 working quarters in leiu of I-864 then we will take care of that stuff in NY to see how much he owes..... honestly his case is complicated... he left the country after he lost his job on a vacation while on vacation got into a severe accident which had hime paralyzed for more than 4 years and in rehab alomst 3 years after that...... We did live with him so custody was transferred and custody again transferred change of state was made my mothers income change many times as you can see the complexity of this case is crazy... I don't know but I might be more inclined to take care of the child support issue in New York then petition him after seeing how much he owes and some legal documentation as to whether it was justified or not might sway the CO mind one way or another. Honestly my dad is in bad shape I dont see him living another 10 years if he remains there .... I hope they will take all of this into consideration

[aaron2020 11,651]

I have not heard of such petition, but I am eager to know the repsonses. I heard/read somewhere if you have a business and can prove that you cant do it by yourself without help and cant afford to get a worker here? Anyway, I can be complately wrong, I would really like to hear from the experts

You're talking about temporary worker visas, which is something completely different from what Pat was asking about. Temporary worker visas are issued to a foreigner to come to the US for a specific period of time to work for an employer in the US. They are non-immigrant visas because the foreigner has to leave the US when the visa expires. You are specifically talking about a business owner sponsoring a foreigner for a temporary worker visa. The requirements are different for each type of temporary worker, but in no case does it have anything to do with not being able to afford to hire an American worker. In most cases, it has to do with a shortage of available American workers with the skills or knowledge needed for the job.

Pat was talking about an SB-1 visa, which is a type of visa available to someone who already has a green card, and has left the US for less than one year and wants to return.

Anyway, this site is about family immigration, so this is not a very good place to look for advice on temporary worker visas.

actually SB-1 are for people that left the country for more than 1 year. Im almost absolutely inclined to have hime renounce LPR so he can do it over again. come in on a parent visa dont need to file an I-864 because he has 40 working quarters in leiu of I-864 then we will take care of that stuff in NY to see how much he owes..... honestly his case is complicated... he left the country after he lost his job on a vacation while on vacation got into a severe accident which had hime paralyzed for more than 4 years and in rehab alomst 3 years after that...... We did live with him so custody was transferred and custody again transferred change of state was made my mothers income change many times as you can see the complexity of this case is crazy... I don't know but I might be more inclined to take care of the child support issue in New York then petition him after seeing how much he owes and some legal documentation as to whether it was justified or not might sway the CO mind one way or another. Honestly my dad is in bad shape I dont see him living another 10 years if he remains there .... I hope they will take all of this into consideration

I don't think you understand what "demonstrating good moral character" means in the context of immigration to the US. It doesn't matter if you take care of the child support. It doesn't matter if there is a statute of limitation. Your dad may still not be able to fulfill the good moral character requirement. For example; if I rob a house and you pay for everything I steal, that doesn't make me a person of good moral character. So the failure to pay child support and having someelse pay the legal obligation does not make the non-payer a person of good moral character.

If you file an I-130 for you dad, you still need to file an I-864. Doesn't matter if he qualifies for Social Security benefits. All petitioners must file an I-864 to sponsor an beneficiary.

Somewhere out there is a database of people who fail to pay child support. I am pretty sure that the USCIS checks that database before issuing visas.

[aaron2020 11,651]

You should get a lawyer to access whether you dad has a chance of coming back to the US. This may end up saving you a lot of time and money.

[Pat the man 0]

You should get a lawyer to access whether you dad has a chance of coming back to the US. This may end up saving you a lot of time and money.

VISAS, INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS, CMGT

SUBJECT: IMMIGRANT VISA PETITIONS: 40 QUARTERS SSA IN LIEU OF I-864

1. ON MAY 17, 2001, USCIS ISSUED A MEMO TO THE OFFICE OF FIELD OPERATIONS ADDRESSING THE 40 QUARTERS QUESTION, E.G. THE SUBSTITUTION OF SSA COVERAGE FOR THE I-864 AFFADAVIT OF SUPPORT. THE FOLLOWING IS INTENDED TO SERVE AS GUIDANCE TO POSTS BASED ON THE USCIS MEMO.

2. THE MEMO APPLIES TO ALIENS SEEKING PERMANENT RESIDENCE AS IMMEDIATE RELATIVES OR AS FAMILY PREFERENCE IMMIGRANTS AS WELL AS TO EMPLOYMENT-BASED IMMIGRANTS WHERE A RELATIVE EITHER FILED THE FORM I-140 OR HAS A SIGNIFICANT OWNERSHIP INTEREST IN THE FIRM THAT DID FILE THE FORM I-140.

3. THE USCIS MEMO NOTES THAT, UNDER INA SECTION 213(A)(A)(3)(A), THE REQUIREMENT FOR VISA PETITIONERS TO PROVIDE THE I-864 AFFIDAVIT OF SUPPORT TERMINATES ONCE THE SPONSORED ALIEN HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF COVERAGE UNDER TITLE II OF THE SOCIAL SECURITY ACT. THIS SECTION CORRESPONDS TO 8 CFR PART 213(A)(2)(E)(1)(I)(B), WHICH STATES THAT [THE SPONSORS SUPPORT OBLIGATION WITH RESPECT TO A SPONSORED IMMIGRANT TERMINATES BY OPERATION OF LAW WHEN THE SPONSORED IMMIGRANT] HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF WORK; PROVIDED, THAT THE SPONSORED IMMIGRANT IS NOT CREDITED WITH ANY QUARTER BEGINNING AFTER DECEMBER 31, 1996, DURING WHICH THE SPONSORED IMMIGRANT RECEIVES ANY FEDERAL MEANS-TESTED PUBLIC BENEFIT.

4. USCIS THEN ADDRESSES THE ISSUE OF WHETHER THE I-864 IS STILL REQUIRED IF THE SPONSORED ALIEN HAS ALREADY WORKED, OR CAN BE CREDITED WITH, THE 40 QUALIFYING QUARTERS OF COVERAGE. THE USCIS CONCLUSION, AS STATED IN THE MEMO, IS THAT THE I-864 IS NOT REPEAT NOT REQUIRED IN SUCH CASES.

5. INA SECTION 213 (A)(A)(3)(B) NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE ALIEN SHALL BE CREDITED WITH (I) ALL OF THE QUALIFYING QUARTERS OF COVERAGE AS DEFINED UNDER TITLE II OF THE SOCIAL SECURITY ACT WORKED BY A PARENT OF SUCH ALIEN WHILE THE ALIEN WAS UNDER AGE 18, AND (II) ALL OF THE QUALIFYING QUARTERS WORKED BY A SPOUSE OF SUCH ALIEN DURING THEIR MARRIAGE AND THE ALIEN REMAUSCIS MARRIED TO SUCH SPOUSE OR SUCH SPOUSE IS DECEASED. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.)

6. THE USCIS MEMO CLARIFIES THAT THE STATUTE DOES NOT REQUIRE THE PARENT-CHILD RELATIONSHIP TO HAVE EXISTED WHEN THE PARENT WORKED THE 40 QUARTERS. FOR EXAMPLE, AN ALIEN CAN CLAIM EVEN THOSE QUARTERS THAT THE PARENT WORKED PRIOR TO THE ALIENS BIRTH OR ADOPTION. IN THE CASE WHERE THE ALIEN CLAIMS QUARTERS WORKED BY A SPOUSE, HOWEVER, THE ALIEN MAY ONLY BE CREDITED FOR THOSE HOURS WORKED DURING THE MARRIAGE.

7. ACCORDINGLY, CONSULAR POSTS ABROAD PROCESSING PETITIONS FOR ALIENS SEEKING PERMANENT RESIDENCE SHOULD WAIVE THE I-864 REQUIREMENT IF THE ALIEN CAN DEMONSTRATE 40 QUARTERS OF WORK UNDER THE SOCIAL SECURITY ACT AS DESCRIBED IN THIS CABLE.

8. THE TERM QUARTER MEANS THE THREE-CALENDAR-MONTH PERIOD ENDING ON MARCH 31, JUNE 30, SEPTEMBER 30, OR DECEMBER 31 OF ANY YEAR. QUARTERS OF COVERAGE ARE OBTAINED BY WORKING AT A JOB OR AS A SELF-EMPLOYED INDIVIDUAL, EARNING A SPECIFIED MINIMUM INCOME, AND MAKING SOCIAL SECURITY PAYMENTS ON IT. QUARTERS ARE CALCULATED BASED ON THE AMOUNT OF INCOME EARNED DURING THE COURSE OF THE YEAR, RATHER THAN ACTUAL NUMBER OF DAYS WORKED WITHIN A GIVEN QUARTER. FOR EXAMPLE, THE REQUISITE MINIMUM INCOME FOR 2001 IS USD 830 PER QUARTER. THUS ANY INDIVIDUAL EARNING THREE TIMES THIS AMOUNT DURING THE CALENDAR YEAR WOULD BE CREDITED WITH THREE QUARTERS OF COVERAGE, EVEN IF THE INDIVIDUAL ACTUALLY WORKED FOR ONLY ONE MONTH.

9. ANY INDIVIDUAL SEEKING TO DEMONSTRATE THE AMOUNT OF QUARTERS OF COVERAGE HE OR SHE EARNED MAY REQUEST AT ANY SSA OFFICE A CERTIFIED EARNINGS RECORD, WHICH SHOWS THE AMOUNT OF QUALIFYING QUARTERS HE OR SHE HAS ACCRUED.

10. IN PROCESSING AN IMMIGRANT VISA FOR A BENEFICIARY SEEKING TO BENEFIT FROM SSA QUARTERS, CONSULAR POSTS SHOULD REQUEST A COPY OF THE CERTIFIED EARNINGS STATEMENT, AS WELL AS A SIGNED STATEMENT FROM THE PERSON WHO EARNED THE QUARTERS CONTAINING THE FOLLOWING LANGUAGE I [NAME] CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES THAT I DID NOT RECEIVE ANY FEDERAL MEANS-TESTED BENEFIT, SUCH AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, FOOD STAMPS, MEDICAID, SOCIAL SECURITY INSURANCE, OR STATE CHILD INSURANCE, DURING ANY OF THE QUARTERS I AM USING TO QUALIFY THAT WERE EARNED AFTER DECEMBER 31, 1996. (NOTE: IF THE QUARTERS BEING USED OCCURRED PRIOR TO DECEMBER 31, 1996, CONSULAR POSTS DO NOT NEED TO REQUIRE THIS SIGNED STATEMENT.)

11. CONSULAR POSTS SHOULD INCLUDE COPIES OF THESE DOCUMENTS IN THE BENEFICIARIES IMMIGRANT VISA PACKAGES. ALTERNATELY, POSTS MAY DOCUMENT THE I-864 EXEMPTION BY INCLUDING AN OFFICIAL STATEMENT IN THE PACKAGE TO THE EFFECT THAT NO I-864 IS REQUIRED, AS 40 QUARTERS OF SSA COVERAGE HAVE BEEN ESTABLISHED, PURSUANT TO THE MAY 17, 2001 USCIS MEMORANDUM FROM MICHAEL CRONIN, ACTING EAC HQPGM.

12. THE NATIONAL VISA CENTER (NVC) PERFORMS A CLERICAL REVIEW OF DOCUMENTS, INCLUDING AFFIDAVITS OF SUPPORT, FOR CERTAIN CONSULAR POSTS. IN THOSE USCISTANCES WHERE THE PETITIONER OR SPONSOR NOTIFIES THE NVC THAT THEY WISH TO USE THE SSA QUARTERS PROVISION, THE NVC WILL REQUIRE SUBMISSION OF THE CERTIFIED EARNINGS RECORD AND THE SIGNED STATEMENT DESCRIBED IN PARAGRAPH 10 BEFORE QUALIFYING THE CASE FOR FORWARDING TO POST. IF THE PETITIONER AND SPONSOR DO NOT INDICATE THEY INTEND TO USE THE SSA QUARTERS PROVISION, NVC WILL CONTINUE TO REQUIRE THE I-864 AND SUPPORTING DOCUMENTS, INCLUDING THREE YEARS TAX RETURNS AND W-2S, AND PROOF OF EMPLOYMENT.

13. THE FOLLOWING ARE EXAMPLES OF SPONSORED ALIENS WHO WOULD BENEFIT FROM THE 40 QUARTERS POLICY:

-- AN ALIEN WHO CAME TO THE UNITED STATES AS A STUDENT ON AN F-1 VISA AND, WHILE WORKING LEGALLY, ACQUIRED 16 QUARTERS OF SSA COVERAGE, FOLLOWED BY 20 QUARTERS OF SSA COVERAGE WHILE WORKING ON AN H-1B VISA (ALIEN IN SPECIALTY OCCUPATION PROFESSION), EVENTUALLY FOLLOWED BY 4 QUARTERS COVERAGE WHILE WORKING AS AN INTRACOMPANY TRANSFERREE ON AN L-1 VISA.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN 0-1 VISA (ALIEN WITH EXTRAORDINARY ABILITY IN SCIENCES, ARTS, EDUCATION, BUSINESS, OR ATHLETICS), ALONG WITH A SPOUSE WHO ALSO HELD AN 0-1 VISA, BOTH OF WHOM WORKED FOR FIVE YEARS, EARNING A TOTAL OF 40 QUARTERS SSA COVERAGE BETWEEN THEM.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN H-2A TEMPORARY AGRICULTURAL WORKER VISA AND WORKED LEGALLY FOR FIVE YEARS, FOLLOWED BY TWO YEARS WORK OUT-OF-STATUS, FOLLOWED BY ONE YEAR OF LEGAL WORK UNDER TEMPORARY PROTECTED STATUS, FOLLOWED BY TWO MORE YEARS WORK OUT-OF-STATUS, MAKING REGULAR SOCIAL SECURITY PAYMENTS EVEN DURING THOSE PERIODS OF UNAUTHORIZED WORK.

-- A FOUR-YEAR OLD ALIEN JUST ADOPTED BY A U.S. CITIZEN PARENT WHO HAS WORKED AND MADE SOCIAL SECURITY PAYMENTS FOR TEN OR MORE YEARS IN THE U.S.

14. CA/VO REMINDS INTERVIEWING OFFICERS THAT 9 FAM 40.41 DIRECTS THEM TO CONSIDER THE TOTALITY OF THE ALIEN''S CIRCUMSTANCES IN DETERMINING WHETHER AN IMMIGRANT VISA APPLICANT IS LIKELY TO BECOME A PUBLIC CHARGE. THUS, EVEN IF AN APPLICANT HAS A VALID I-864 OR PROOF OF THE 40 QUARTERS OF SSA COVERAGE, THE INTERVIEWING OFICER SHOULD BEAR IN MIND THE BIG PICTURE AND CONSIDER ANY OTHER RELEVANT FACTS THAT WOULD INDICATE THE APPLICANTS LIKELIHOOD OF BECOMING DEPENDENT ON THE U.S. GOVERNMENT FOR SUBSISTENCE.

15. THE FULL TEXT OF THE USCIS MEMO MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.USCIS.USDOJ.GOV/GRAPHICS/LAWSREGS/HANDBOOK/AFDSUPTCCA.PDF.

POWELL

I got this off USCIS he has 76 working quarters. Now you may be right . Will go see an attorney... I know you might be trying to help but before you tell someone everybody must file an I-864 do some research all 76 came before 1996

[aaron2020 11,651]

You should get a lawyer to access whether you dad has a chance of coming back to the US. This may end up saving you a lot of time and money.

VISAS, INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS, CMGT

SUBJECT: IMMIGRANT VISA PETITIONS: 40 QUARTERS SSA IN LIEU OF I-864

1. ON MAY 17, 2001, USCIS ISSUED A MEMO TO THE OFFICE OF FIELD OPERATIONS ADDRESSING THE 40 QUARTERS QUESTION, E.G. THE SUBSTITUTION OF SSA COVERAGE FOR THE I-864 AFFADAVIT OF SUPPORT. THE FOLLOWING IS INTENDED TO SERVE AS GUIDANCE TO POSTS BASED ON THE USCIS MEMO.

2. THE MEMO APPLIES TO ALIENS SEEKING PERMANENT RESIDENCE AS IMMEDIATE RELATIVES OR AS FAMILY PREFERENCE IMMIGRANTS AS WELL AS TO EMPLOYMENT-BASED IMMIGRANTS WHERE A RELATIVE EITHER FILED THE FORM I-140 OR HAS A SIGNIFICANT OWNERSHIP INTEREST IN THE FIRM THAT DID FILE THE FORM I-140.

3. THE USCIS MEMO NOTES THAT, UNDER INA SECTION 213(A)(A)(3)(A), THE REQUIREMENT FOR VISA PETITIONERS TO PROVIDE THE I-864 AFFIDAVIT OF SUPPORT TERMINATES ONCE THE SPONSORED ALIEN HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF COVERAGE UNDER TITLE II OF THE SOCIAL SECURITY ACT. THIS SECTION CORRESPONDS TO 8 CFR PART 213(A)(2)(E)(1)(I)(B), WHICH STATES THAT [THE SPONSORS SUPPORT OBLIGATION WITH RESPECT TO A SPONSORED IMMIGRANT TERMINATES BY OPERATION OF LAW WHEN THE SPONSORED IMMIGRANT] HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF WORK; PROVIDED, THAT THE SPONSORED IMMIGRANT IS NOT CREDITED WITH ANY QUARTER BEGINNING AFTER DECEMBER 31, 1996, DURING WHICH THE SPONSORED IMMIGRANT RECEIVES ANY FEDERAL MEANS-TESTED PUBLIC BENEFIT.

4. USCIS THEN ADDRESSES THE ISSUE OF WHETHER THE I-864 IS STILL REQUIRED IF THE SPONSORED ALIEN HAS ALREADY WORKED, OR CAN BE CREDITED WITH, THE 40 QUALIFYING QUARTERS OF COVERAGE. THE USCIS CONCLUSION, AS STATED IN THE MEMO, IS THAT THE I-864 IS NOT REPEAT NOT REQUIRED IN SUCH CASES.

5. INA SECTION 213 (A)(A)(3)(B) NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE ALIEN SHALL BE CREDITED WITH (I) ALL OF THE QUALIFYING QUARTERS OF COVERAGE AS DEFINED UNDER TITLE II OF THE SOCIAL SECURITY ACT WORKED BY A PARENT OF SUCH ALIEN WHILE THE ALIEN WAS UNDER AGE 18, AND (II) ALL OF THE QUALIFYING QUARTERS WORKED BY A SPOUSE OF SUCH ALIEN DURING THEIR MARRIAGE AND THE ALIEN REMAUSCIS MARRIED TO SUCH SPOUSE OR SUCH SPOUSE IS DECEASED. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.)

6. THE USCIS MEMO CLARIFIES THAT THE STATUTE DOES NOT REQUIRE THE PARENT-CHILD RELATIONSHIP TO HAVE EXISTED WHEN THE PARENT WORKED THE 40 QUARTERS. FOR EXAMPLE, AN ALIEN CAN CLAIM EVEN THOSE QUARTERS THAT THE PARENT WORKED PRIOR TO THE ALIENS BIRTH OR ADOPTION. IN THE CASE WHERE THE ALIEN CLAIMS QUARTERS WORKED BY A SPOUSE, HOWEVER, THE ALIEN MAY ONLY BE CREDITED FOR THOSE HOURS WORKED DURING THE MARRIAGE.

7. ACCORDINGLY, CONSULAR POSTS ABROAD PROCESSING PETITIONS FOR ALIENS SEEKING PERMANENT RESIDENCE SHOULD WAIVE THE I-864 REQUIREMENT IF THE ALIEN CAN DEMONSTRATE 40 QUARTERS OF WORK UNDER THE SOCIAL SECURITY ACT AS DESCRIBED IN THIS CABLE.

8. THE TERM QUARTER MEANS THE THREE-CALENDAR-MONTH PERIOD ENDING ON MARCH 31, JUNE 30, SEPTEMBER 30, OR DECEMBER 31 OF ANY YEAR. QUARTERS OF COVERAGE ARE OBTAINED BY WORKING AT A JOB OR AS A SELF-EMPLOYED INDIVIDUAL, EARNING A SPECIFIED MINIMUM INCOME, AND MAKING SOCIAL SECURITY PAYMENTS ON IT. QUARTERS ARE CALCULATED BASED ON THE AMOUNT OF INCOME EARNED DURING THE COURSE OF THE YEAR, RATHER THAN ACTUAL NUMBER OF DAYS WORKED WITHIN A GIVEN QUARTER. FOR EXAMPLE, THE REQUISITE MINIMUM INCOME FOR 2001 IS USD 830 PER QUARTER. THUS ANY INDIVIDUAL EARNING THREE TIMES THIS AMOUNT DURING THE CALENDAR YEAR WOULD BE CREDITED WITH THREE QUARTERS OF COVERAGE, EVEN IF THE INDIVIDUAL ACTUALLY WORKED FOR ONLY ONE MONTH.

9. ANY INDIVIDUAL SEEKING TO DEMONSTRATE THE AMOUNT OF QUARTERS OF COVERAGE HE OR SHE EARNED MAY REQUEST AT ANY SSA OFFICE A CERTIFIED EARNINGS RECORD, WHICH SHOWS THE AMOUNT OF QUALIFYING QUARTERS HE OR SHE HAS ACCRUED.

10. IN PROCESSING AN IMMIGRANT VISA FOR A BENEFICIARY SEEKING TO BENEFIT FROM SSA QUARTERS, CONSULAR POSTS SHOULD REQUEST A COPY OF THE CERTIFIED EARNINGS STATEMENT, AS WELL AS A SIGNED STATEMENT FROM THE PERSON WHO EARNED THE QUARTERS CONTAINING THE FOLLOWING LANGUAGE I [NAME] CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES THAT I DID NOT RECEIVE ANY FEDERAL MEANS-TESTED BENEFIT, SUCH AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, FOOD STAMPS, MEDICAID, SOCIAL SECURITY INSURANCE, OR STATE CHILD INSURANCE, DURING ANY OF THE QUARTERS I AM USING TO QUALIFY THAT WERE EARNED AFTER DECEMBER 31, 1996. (NOTE: IF THE QUARTERS BEING USED OCCURRED PRIOR TO DECEMBER 31, 1996, CONSULAR POSTS DO NOT NEED TO REQUIRE THIS SIGNED STATEMENT.)

11. CONSULAR POSTS SHOULD INCLUDE COPIES OF THESE DOCUMENTS IN THE BENEFICIARIES IMMIGRANT VISA PACKAGES. ALTERNATELY, POSTS MAY DOCUMENT THE I-864 EXEMPTION BY INCLUDING AN OFFICIAL STATEMENT IN THE PACKAGE TO THE EFFECT THAT NO I-864 IS REQUIRED, AS 40 QUARTERS OF SSA COVERAGE HAVE BEEN ESTABLISHED, PURSUANT TO THE MAY 17, 2001 USCIS MEMORANDUM FROM MICHAEL CRONIN, ACTING EAC HQPGM.

12. THE NATIONAL VISA CENTER (NVC) PERFORMS A CLERICAL REVIEW OF DOCUMENTS, INCLUDING AFFIDAVITS OF SUPPORT, FOR CERTAIN CONSULAR POSTS. IN THOSE USCISTANCES WHERE THE PETITIONER OR SPONSOR NOTIFIES THE NVC THAT THEY WISH TO USE THE SSA QUARTERS PROVISION, THE NVC WILL REQUIRE SUBMISSION OF THE CERTIFIED EARNINGS RECORD AND THE SIGNED STATEMENT DESCRIBED IN PARAGRAPH 10 BEFORE QUALIFYING THE CASE FOR FORWARDING TO POST. IF THE PETITIONER AND SPONSOR DO NOT INDICATE THEY INTEND TO USE THE SSA QUARTERS PROVISION, NVC WILL CONTINUE TO REQUIRE THE I-864 AND SUPPORTING DOCUMENTS, INCLUDING THREE YEARS TAX RETURNS AND W-2S, AND PROOF OF EMPLOYMENT.

13. THE FOLLOWING ARE EXAMPLES OF SPONSORED ALIENS WHO WOULD BENEFIT FROM THE 40 QUARTERS POLICY:

-- AN ALIEN WHO CAME TO THE UNITED STATES AS A STUDENT ON AN F-1 VISA AND, WHILE WORKING LEGALLY, ACQUIRED 16 QUARTERS OF SSA COVERAGE, FOLLOWED BY 20 QUARTERS OF SSA COVERAGE WHILE WORKING ON AN H-1B VISA (ALIEN IN SPECIALTY OCCUPATION PROFESSION), EVENTUALLY FOLLOWED BY 4 QUARTERS COVERAGE WHILE WORKING AS AN INTRACOMPANY TRANSFERREE ON AN L-1 VISA.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN 0-1 VISA (ALIEN WITH EXTRAORDINARY ABILITY IN SCIENCES, ARTS, EDUCATION, BUSINESS, OR ATHLETICS), ALONG WITH A SPOUSE WHO ALSO HELD AN 0-1 VISA, BOTH OF WHOM WORKED FOR FIVE YEARS, EARNING A TOTAL OF 40 QUARTERS SSA COVERAGE BETWEEN THEM.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN H-2A TEMPORARY AGRICULTURAL WORKER VISA AND WORKED LEGALLY FOR FIVE YEARS, FOLLOWED BY TWO YEARS WORK OUT-OF-STATUS, FOLLOWED BY ONE YEAR OF LEGAL WORK UNDER TEMPORARY PROTECTED STATUS, FOLLOWED BY TWO MORE YEARS WORK OUT-OF-STATUS, MAKING REGULAR SOCIAL SECURITY PAYMENTS EVEN DURING THOSE PERIODS OF UNAUTHORIZED WORK.

-- A FOUR-YEAR OLD ALIEN JUST ADOPTED BY A U.S. CITIZEN PARENT WHO HAS WORKED AND MADE SOCIAL SECURITY PAYMENTS FOR TEN OR MORE YEARS IN THE U.S.

14. CA/VO REMINDS INTERVIEWING OFFICERS THAT 9 FAM 40.41 DIRECTS THEM TO CONSIDER THE TOTALITY OF THE ALIEN''S CIRCUMSTANCES IN DETERMINING WHETHER AN IMMIGRANT VISA APPLICANT IS LIKELY TO BECOME A PUBLIC CHARGE. THUS, EVEN IF AN APPLICANT HAS A VALID I-864 OR PROOF OF THE 40 QUARTERS OF SSA COVERAGE, THE INTERVIEWING OFICER SHOULD BEAR IN MIND THE BIG PICTURE AND CONSIDER ANY OTHER RELEVANT FACTS THAT WOULD INDICATE THE APPLICANTS LIKELIHOOD OF BECOMING DEPENDENT ON THE U.S. GOVERNMENT FOR SUBSISTENCE.

15. THE FULL TEXT OF THE USCIS MEMO MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.USCIS.USDOJ.GOV/GRAPHICS/LAWSREGS/HANDBOOK/AFDSUPTCCA.PDF.

POWELL

I got this off USCIS he has 76 working quarters. Now you may be right . Will go see an attorney... I know you might be trying to help but before you tell someone everybody must file an I-864 do some research all 76 came before 1996

Thank you for this information. I stand corrected.

[Pat the man 0]

You should get a lawyer to access whether you dad has a chance of coming back to the US. This may end up saving you a lot of time and money.

VISAS, INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS, CMGT

SUBJECT: IMMIGRANT VISA PETITIONS: 40 QUARTERS SSA IN LIEU OF I-864

1. ON MAY 17, 2001, USCIS ISSUED A MEMO TO THE OFFICE OF FIELD OPERATIONS ADDRESSING THE 40 QUARTERS QUESTION, E.G. THE SUBSTITUTION OF SSA COVERAGE FOR THE I-864 AFFADAVIT OF SUPPORT. THE FOLLOWING IS INTENDED TO SERVE AS GUIDANCE TO POSTS BASED ON THE USCIS MEMO.

2. THE MEMO APPLIES TO ALIENS SEEKING PERMANENT RESIDENCE AS IMMEDIATE RELATIVES OR AS FAMILY PREFERENCE IMMIGRANTS AS WELL AS TO EMPLOYMENT-BASED IMMIGRANTS WHERE A RELATIVE EITHER FILED THE FORM I-140 OR HAS A SIGNIFICANT OWNERSHIP INTEREST IN THE FIRM THAT DID FILE THE FORM I-140.

3. THE USCIS MEMO NOTES THAT, UNDER INA SECTION 213(A)(A)(3)(A), THE REQUIREMENT FOR VISA PETITIONERS TO PROVIDE THE I-864 AFFIDAVIT OF SUPPORT TERMINATES ONCE THE SPONSORED ALIEN HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF COVERAGE UNDER TITLE II OF THE SOCIAL SECURITY ACT. THIS SECTION CORRESPONDS TO 8 CFR PART 213(A)(2)(E)(1)(I)(B), WHICH STATES THAT [THE SPONSORS SUPPORT OBLIGATION WITH RESPECT TO A SPONSORED IMMIGRANT TERMINATES BY OPERATION OF LAW WHEN THE SPONSORED IMMIGRANT] HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF WORK; PROVIDED, THAT THE SPONSORED IMMIGRANT IS NOT CREDITED WITH ANY QUARTER BEGINNING AFTER DECEMBER 31, 1996, DURING WHICH THE SPONSORED IMMIGRANT RECEIVES ANY FEDERAL MEANS-TESTED PUBLIC BENEFIT.

4. USCIS THEN ADDRESSES THE ISSUE OF WHETHER THE I-864 IS STILL REQUIRED IF THE SPONSORED ALIEN HAS ALREADY WORKED, OR CAN BE CREDITED WITH, THE 40 QUALIFYING QUARTERS OF COVERAGE. THE USCIS CONCLUSION, AS STATED IN THE MEMO, IS THAT THE I-864 IS NOT REPEAT NOT REQUIRED IN SUCH CASES.

5. INA SECTION 213 (A)(A)(3)(B) NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE ALIEN SHALL BE CREDITED WITH (I) ALL OF THE QUALIFYING QUARTERS OF COVERAGE AS DEFINED UNDER TITLE II OF THE SOCIAL SECURITY ACT WORKED BY A PARENT OF SUCH ALIEN WHILE THE ALIEN WAS UNDER AGE 18, AND (II) ALL OF THE QUALIFYING QUARTERS WORKED BY A SPOUSE OF SUCH ALIEN DURING THEIR MARRIAGE AND THE ALIEN REMAUSCIS MARRIED TO SUCH SPOUSE OR SUCH SPOUSE IS DECEASED. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.)

6. THE USCIS MEMO CLARIFIES THAT THE STATUTE DOES NOT REQUIRE THE PARENT-CHILD RELATIONSHIP TO HAVE EXISTED WHEN THE PARENT WORKED THE 40 QUARTERS. FOR EXAMPLE, AN ALIEN CAN CLAIM EVEN THOSE QUARTERS THAT THE PARENT WORKED PRIOR TO THE ALIENS BIRTH OR ADOPTION. IN THE CASE WHERE THE ALIEN CLAIMS QUARTERS WORKED BY A SPOUSE, HOWEVER, THE ALIEN MAY ONLY BE CREDITED FOR THOSE HOURS WORKED DURING THE MARRIAGE.

7. ACCORDINGLY, CONSULAR POSTS ABROAD PROCESSING PETITIONS FOR ALIENS SEEKING PERMANENT RESIDENCE SHOULD WAIVE THE I-864 REQUIREMENT IF THE ALIEN CAN DEMONSTRATE 40 QUARTERS OF WORK UNDER THE SOCIAL SECURITY ACT AS DESCRIBED IN THIS CABLE.

8. THE TERM QUARTER MEANS THE THREE-CALENDAR-MONTH PERIOD ENDING ON MARCH 31, JUNE 30, SEPTEMBER 30, OR DECEMBER 31 OF ANY YEAR. QUARTERS OF COVERAGE ARE OBTAINED BY WORKING AT A JOB OR AS A SELF-EMPLOYED INDIVIDUAL, EARNING A SPECIFIED MINIMUM INCOME, AND MAKING SOCIAL SECURITY PAYMENTS ON IT. QUARTERS ARE CALCULATED BASED ON THE AMOUNT OF INCOME EARNED DURING THE COURSE OF THE YEAR, RATHER THAN ACTUAL NUMBER OF DAYS WORKED WITHIN A GIVEN QUARTER. FOR EXAMPLE, THE REQUISITE MINIMUM INCOME FOR 2001 IS USD 830 PER QUARTER. THUS ANY INDIVIDUAL EARNING THREE TIMES THIS AMOUNT DURING THE CALENDAR YEAR WOULD BE CREDITED WITH THREE QUARTERS OF COVERAGE, EVEN IF THE INDIVIDUAL ACTUALLY WORKED FOR ONLY ONE MONTH.

9. ANY INDIVIDUAL SEEKING TO DEMONSTRATE THE AMOUNT OF QUARTERS OF COVERAGE HE OR SHE EARNED MAY REQUEST AT ANY SSA OFFICE A CERTIFIED EARNINGS RECORD, WHICH SHOWS THE AMOUNT OF QUALIFYING QUARTERS HE OR SHE HAS ACCRUED.

10. IN PROCESSING AN IMMIGRANT VISA FOR A BENEFICIARY SEEKING TO BENEFIT FROM SSA QUARTERS, CONSULAR POSTS SHOULD REQUEST A COPY OF THE CERTIFIED EARNINGS STATEMENT, AS WELL AS A SIGNED STATEMENT FROM THE PERSON WHO EARNED THE QUARTERS CONTAINING THE FOLLOWING LANGUAGE I [NAME] CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES THAT I DID NOT RECEIVE ANY FEDERAL MEANS-TESTED BENEFIT, SUCH AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, FOOD STAMPS, MEDICAID, SOCIAL SECURITY INSURANCE, OR STATE CHILD INSURANCE, DURING ANY OF THE QUARTERS I AM USING TO QUALIFY THAT WERE EARNED AFTER DECEMBER 31, 1996. (NOTE: IF THE QUARTERS BEING USED OCCURRED PRIOR TO DECEMBER 31, 1996, CONSULAR POSTS DO NOT NEED TO REQUIRE THIS SIGNED STATEMENT.)

11. CONSULAR POSTS SHOULD INCLUDE COPIES OF THESE DOCUMENTS IN THE BENEFICIARIES IMMIGRANT VISA PACKAGES. ALTERNATELY, POSTS MAY DOCUMENT THE I-864 EXEMPTION BY INCLUDING AN OFFICIAL STATEMENT IN THE PACKAGE TO THE EFFECT THAT NO I-864 IS REQUIRED, AS 40 QUARTERS OF SSA COVERAGE HAVE BEEN ESTABLISHED, PURSUANT TO THE MAY 17, 2001 USCIS MEMORANDUM FROM MICHAEL CRONIN, ACTING EAC HQPGM.

12. THE NATIONAL VISA CENTER (NVC) PERFORMS A CLERICAL REVIEW OF DOCUMENTS, INCLUDING AFFIDAVITS OF SUPPORT, FOR CERTAIN CONSULAR POSTS. IN THOSE USCISTANCES WHERE THE PETITIONER OR SPONSOR NOTIFIES THE NVC THAT THEY WISH TO USE THE SSA QUARTERS PROVISION, THE NVC WILL REQUIRE SUBMISSION OF THE CERTIFIED EARNINGS RECORD AND THE SIGNED STATEMENT DESCRIBED IN PARAGRAPH 10 BEFORE QUALIFYING THE CASE FOR FORWARDING TO POST. IF THE PETITIONER AND SPONSOR DO NOT INDICATE THEY INTEND TO USE THE SSA QUARTERS PROVISION, NVC WILL CONTINUE TO REQUIRE THE I-864 AND SUPPORTING DOCUMENTS, INCLUDING THREE YEARS TAX RETURNS AND W-2S, AND PROOF OF EMPLOYMENT.

13. THE FOLLOWING ARE EXAMPLES OF SPONSORED ALIENS WHO WOULD BENEFIT FROM THE 40 QUARTERS POLICY:

-- AN ALIEN WHO CAME TO THE UNITED STATES AS A STUDENT ON AN F-1 VISA AND, WHILE WORKING LEGALLY, ACQUIRED 16 QUARTERS OF SSA COVERAGE, FOLLOWED BY 20 QUARTERS OF SSA COVERAGE WHILE WORKING ON AN H-1B VISA (ALIEN IN SPECIALTY OCCUPATION PROFESSION), EVENTUALLY FOLLOWED BY 4 QUARTERS COVERAGE WHILE WORKING AS AN INTRACOMPANY TRANSFERREE ON AN L-1 VISA.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN 0-1 VISA (ALIEN WITH EXTRAORDINARY ABILITY IN SCIENCES, ARTS, EDUCATION, BUSINESS, OR ATHLETICS), ALONG WITH A SPOUSE WHO ALSO HELD AN 0-1 VISA, BOTH OF WHOM WORKED FOR FIVE YEARS, EARNING A TOTAL OF 40 QUARTERS SSA COVERAGE BETWEEN THEM.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN H-2A TEMPORARY AGRICULTURAL WORKER VISA AND WORKED LEGALLY FOR FIVE YEARS, FOLLOWED BY TWO YEARS WORK OUT-OF-STATUS, FOLLOWED BY ONE YEAR OF LEGAL WORK UNDER TEMPORARY PROTECTED STATUS, FOLLOWED BY TWO MORE YEARS WORK OUT-OF-STATUS, MAKING REGULAR SOCIAL SECURITY PAYMENTS EVEN DURING THOSE PERIODS OF UNAUTHORIZED WORK.

-- A FOUR-YEAR OLD ALIEN JUST ADOPTED BY A U.S. CITIZEN PARENT WHO HAS WORKED AND MADE SOCIAL SECURITY PAYMENTS FOR TEN OR MORE YEARS IN THE U.S.

14. CA/VO REMINDS INTERVIEWING OFFICERS THAT 9 FAM 40.41 DIRECTS THEM TO CONSIDER THE TOTALITY OF THE ALIEN''S CIRCUMSTANCES IN DETERMINING WHETHER AN IMMIGRANT VISA APPLICANT IS LIKELY TO BECOME A PUBLIC CHARGE. THUS, EVEN IF AN APPLICANT HAS A VALID I-864 OR PROOF OF THE 40 QUARTERS OF SSA COVERAGE, THE INTERVIEWING OFICER SHOULD BEAR IN MIND THE BIG PICTURE AND CONSIDER ANY OTHER RELEVANT FACTS THAT WOULD INDICATE THE APPLICANTS LIKELIHOOD OF BECOMING DEPENDENT ON THE U.S. GOVERNMENT FOR SUBSISTENCE.

15. THE FULL TEXT OF THE USCIS MEMO MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.USCIS.USDOJ.GOV/GRAPHICS/LAWSREGS/HANDBOOK/AFDSUPTCCA.PDF.

POWELL

I got this off USCIS he has 76 working quarters. Now you may be right . Will go see an attorney... I know you might be trying to help but before you tell someone everybody must file an I-864 do some research all 76 came before 1996

Thank you for this information. I stand corrected.

You are welcome . I remember reading a BIA appeal decision regarding Good moral character. I think it defines it the moral character the a reasonable person person might be expected to have. Now considering his accident ... A reasonable person who is paralyzed , in my opinion, cannot expect to pay child support under any standard. Now there is a law preventing him from obtaining a U.S. passport for more than 2500 dollars owed but a reasonable person is not expected to pay child support if paralyzed and no income..... what do you think aaron

[Boiler 45,525]

A friend of my Spouse also did a runner. He died many years later, his new family contacted his old family to tell them.

To cut a long story short the old family ended up with most of the estate due to his arrears.