Filing for AOS - family based, questions.

[enoch 0]

I appreciate any help that can be provided.

Here is some background information.

My aunt(US Citizen) is sponsoring my dad for his green card. My father is the beneficiary and myself, the dependent. We fall under 245i, and myself under 245i and the CSPA.

1. Does my father have to pay back taxes, if so, when to when? He started filing taxes in 2006 to today, so from 92-05, he hasn't paid taxes.

2. On the i-485 form (PART 2), are the children A or B?

3. On the i-485 form(PART 3 SECTION B), does my father list us as children, and check off yes "applying with you" ?

4. Do I apply separately for the i-485 from my father? (I am 21 right now and a dependent of my father[beneficiary])

5. Do I also have to pay the $1000 penalty fee(245i) although I am a dependent and not the beneficiary?

6. My aunt(US citizen sponsor for my father) does not work, so she does not file taxes, how is that handled in the I-864? (We have a sub-sponsor for I-864A since my aunt does not have an income)

Again, i appreciate any help that you can give me, thank you again.

-Enoch

P.S, Does anyone happen to know any excellent lawyers in the NYC area?

[JimVaPhuong 4,863]

I'll take a shot, but for some of this stuff I'll only be giving it my best guess. There aren't many people left who are still eligible to adjust under 245i, so I doubt you're going to find much first hand experience around here.

1. Does my father have to pay back taxes, if so, when to when? He started filing taxes in 2006 to today, so from 92-05, he hasn't paid taxes.

I don't see any way this can be avoided. The IRS doesn't forgive failure to file just because the taxpayer wasn't in legal status at the time. Immigration law and tax law are completely separate animals.

2. On the i-485 form (PART 2), are the children A or B?

B. Your aunt can't petition for nieces and nephews. They are derivatives of your father's visa petition.

3. On the i-485 form(PART 3 SECTION B), does my father list us as children, and check off yes "applying with you" ?

Yes.

4. Do I apply separately for the i-485 from my father? (I am 21 right now and a dependent of my father[beneficiary])

I'm assuming this is the same as derivative children of any other visa type, so the answer would be yes. A separate I-485 for each person adjusting status.

5. Do I also have to pay the $1000 penalty fee(245i) although I am a dependent and not the beneficiary?

I have no idea.

6. My aunt(US citizen sponsor for my father) does not work, so she does not file taxes, how is that handled in the I-864? (We have a sub-sponsor for I-864A since my aunt does not have an income)

Generally, a statement declaring why the primary sponsor was not required to file taxes.

P.S, Does anyone happen to know any excellent lawyers in the NYC area?

Sorry. Can't help with this.

If you're clearly eligible (i.e., your dad had a petition filed on his behalf before the 2001 cutoff date) then the process should be relatively straightforward. However, you really should try to find that lawyer you've been looking for. You may only get one chance to get this right. If any part of this isn't done right, and your father's AOS is denied, then all of your lives are going to get very complicated very quickly.

Good luck!