I130 for parent. Unemployed and felony record.

[JunT 0]

I have a few questions about I-130.

A US citizen is a petitioner for her biological parent who is an alien and lives abroad And this petioner is over 21 years old and unemployed, has not filed tax.

She lives with her BF and does some part time work here and there but basically is 'unemployed'. She also has felony charges in the past and imprisonment.

Can she still qualify for petioning if she goes ahead and file tax now for 2009 - 0 income? There are a few people who are willing to be a joint sponsor with solid income/employment history.

I read somewhere that it is not an issue that petitioner is not working and has no income as long as there is/are joint sponsor who can meet the financial requirement.

An attorney once did say that as long as the petitioner is a US citizen either by birth or natulization (she is US born), jail time does not matter as long as beneficiary has no criminal record in US and/or outside of US. Is this true?

Thank you for reading my post.

[Penguin_ie 5,996]

As long as the joint sponsor makes enough, that is fine. Petitioner should either file back taxes, or provide a letter explaining why they were not required to file.

Unless the felony was very serious, it won't matter.

[Boiler 45,982]

You said she works part time, so how can she have zero income?

[JunT 0]

Hi Penguine,

Thank you veru much for your reply to my post. A joint sponsor, which I have 2 friends that are willing to do this for me both have enough income and stable employment history.

The felony charges were posession of drugs, posession of iligal fire arms and such. She is worried that it would complicate the petition for me or even rejected on the basis of her previous record. I have none such record in US or anywhere else. I just wanted to be sure so that we can proceed to start the petition....I told her that she should go ahead and file for 2009 even though she had no income to report. For most part of 2008 and 2009, she served jail time and she is now on perole..Thank you.

To reply to Boiler,

Partially this year, she has done some cleaning part time here and there on cash basis but has not received W-2 or 1099. So basically, she has no evidence to prove her income.

[Boiler 45,982]

Partially this year, she has done some cleaning part time here and there on cash basis but has not received W-2 or 1099. So basically, she has no evidence to prove her income.

If she is self employed she would not obvious get W2's and not necessarily 1099's.

She still should have records, she still has taxes to file. Plenty of posts on here from those sponsoring who are self employed.

[JunT 0]

Boiler,

She is not self-employed. She is UNEMPLOYED.