Immigration to USA (But ...)

[Chris Parker 11]

If I apply for permanent residency for my child do I need to fill I-864 ? and how I do it?

Trailmix is almost right...

The child does not need an I-864, since upon entering the U.S. with an immigrant visa, child automatically becomes a U.S. citizen and the I-864 is immediately terminated. This is an exception to the rule.

Husband will need an I-864 from you, however. You might be able to get refugee, political asylum, or humanitarian parole for him to come to the U.S., but you'll have to speak with a lawyer and/or the embassy about that. Or, he'll have to stay without you until you get a job in the U.S. and meet the minimum requirements to sponsor him.

Sounds like a tough situation, good luck!

[trailmix 77]

nm

Edited October 27, 2007 by trailmix

[trailmix 77]

Trailmix is almost right...

The child does not need an I-864, since upon entering the U.S. with an immigrant visa, child automatically becomes a U.S. citizen and the I-864 is immediately terminated. This is an exception to the rule.

The OP asked if she would have to fill out an I-864 for her child.

Per your example above, if she never fills one out, how can it be terminated immediately upon arrival? How can the child enter the U.S. as a PR if an I-864 has never been filled out?

[majedalanni 1]

HI

How my daughter can enter USA!? and she didnt have a visa or somthing.

The immigration proccess need to be complete in embassy with I-864 and prove I have a job and domclin to permet she goto USA.

Regards

Susan

[Chris Parker 11]

Trailmix is almost right...

The child does not need an I-864, since upon entering the U.S. with an immigrant visa, child automatically becomes a U.S. citizen and the I-864 is immediately terminated. This is an exception to the rule.

The OP asked if she would have to fill out an I-864 for her child.

Per your example above, if she never fills one out, how can it be terminated immediately upon arrival? How can the child enter the U.S. as a PR if an I-864 has never been filled out?

As I stated, it is a special rule where the I-864 is not required for the immigrant visa because it would never become legally effective, even for an instant.

The exemption is applied for using Form I-864W.

[Chris Parker 11]

As I stated, it is a special rule where the I-864 is not required for the immigrant visa because it would never become legally effective, even for an instant.

The exemption is applied for using Form I-864W.

For what it is worth, I'd also add this bit to my previous message...

9 FAM 40.41 N3.4-3 "Aliens Exempt from I-864, Affidavit of Support Under Section 213A of the Act, Requirement Still Must Satisfy INA 212(a)(4)"

a. An alien exempt from Form I-864, Affidavit of Support Under Section 213A of the Act requirement per 9 FAM 40.41 N3.4-1 or 9 FAM 40.41 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 9 of 35 N3.4-2 must still show that he or she is not likely to become public charge. (See 9 FAM 40.41 N4.)

b. For cases under 9 FAM 40.41 N3.4-1, absent unusual circumstances, INA 320 will generally mean that it is not likely that the alien–while still an alien prior to naturalization–will become a public charge.

So, while public charge is still an applicable during the visa interview, it probably isn't going to be a big concern of the consular officer. Nevertheless, I wouldn't say on the DS-230 application or during the interview that the daugher is likely to become a public charge (i.e. receive cash public benefits), and I would include any evidence possible (such as proof of assets, a U.S. job offer, U.S. tax returns if any, etc.) to help show public charge is unlikely. For tax returns, U.S. citizens are taxed on their worldwide income, and you can file a federal tax return up to 3 years late with penalty.

The case in question here will probably be handled very much likely an adoption case, except the petition is an I-130 relative petition, not an I-600 orphan petition.

Edited October 27, 2007 by Chris Parker

[trailmix 77]

HI

How my daughter can enter USA!? and she didnt have a visa or somthing.

The immigration proccess need to be complete in embassy with I-864 and prove I have a job and domclin to permet she goto USA.

Regards

Susan

Hi Susan,

Chris is right, your daughter won't need an affidavit of support instead you will just fill out the I-864W: Link to I-864W. First you start with the I-130 though as usual.

Good point Chris, I think I have read this before but couldn't remember any details

[Chris Parker 11]

Good point Chris, I think I have read this before but couldn't remember any details

I don't know if it applies in her case or not, but if the child has a grandparent (living or deceased) who was a U.S. citizen and lived in the U.S. for the required period, there also is a little known provision for U.S. citizenship to transmitted to the child through an "expedited naturalization" process.

Under a rather bizarre filing procedure for that benefit, she would file Form N-400 for her child with USCIS now with proof of the grandparent's U.S. citizenship & residence period, and once she has the USCIS appointment notice, the U.S. embassy will issue a B-2 nonimmigrant visa so the child can appear and be "naturalized."

[majedalanni 1]

Good point Chris, I think I have read this before but couldn't remember any details

I don't know if it applies in her case or not, but if the child has a grandparent (living or deceased) who was a U.S. citizen and lived in the U.S. for the required period, there also is a little known provision for U.S. citizenship to transmitted to the child through an "expedited naturalization" process.

Under a rather bizarre filing procedure for that benefit, she would file Form N-400 for her child with USCIS now with proof of the grandparent's U.S. citizenship & residence period, and once she has the USCIS appointment notice, the U.S. embassy will issue a B-2 nonimmigrant visa so the child can appear and be "naturalized."

Dears

Many thansk for ur reply

I thinkk found somthing

Can u exactly tell me what I need as assest (but I dont have a job only my husband had a job here in iraq) and we are three (me and my husband and my littile daughter).

If I had a house or just land here in iraq can I use it as assest. not sell it just as documnet prove it my personal property.

Regards

Susan

[Chris Parker 11]

Can u exactly tell me what I need as assest (but I dont have a job only my husband had a job here in iraq) and we are three (me and my husband and my littile daughter).

If I had a house or just land here in iraq can I use it as assest. not sell it just as documnet prove it my personal property.

I think showing that you have at least the minimum requirements to be ineligible to receive federal welfare benefits would be the best thing to show.

Income (including the income of your husband) is usually primary in determining public charge (BTW, federal taxation of foreign income doesnt start until 82,000 if you are eligible for the foreign earned income exclusion, but you still must file a tax return to show your income and claim the exclusion proving you own the U.S. no tax on that income. I think showing that you are or will be above 100% of the poverty level shown on Form I-864P is sufficient. That would tend to guarantee, I would think. that you can't immediately enroll yourself and your daugher in public welfare upon arrival in the U.S.

I think assets that you have lost or abandoned cannot be used in determining public charge, as it's value is really $0 to you if you can never go back and claim it.

But, how much property could you instead show? Again, I'd look at what the maximum asset level is for welfare (TANF) program. That varies by state, so you'd have to look at the requirements of the state you are planning to go to. Usually it is pretty low (like less than $2000 in cash or cash value). This website should help you: U.S. government benefits website

If you are going to stay with someone, even temporarily upon arrival, you probably can also show their income and resources (or a job offer from them if you will be working for them) to help prove you are not likely to become a public charge at the time of entry. You might be able to show your husband's current income too, as I'm sure that would be considered on a benefits application.

I'd look for more information about meeting the public charge requirements without an affidavit of support from someone who has won the green card lottery (who also do not require an affidavit of support), I'm sure we have a newsgroup here somewhere for those folks.

Hope these thoughts are helpful for you.

Edited October 29, 2007 by Chris Parker

[trailmix 77]

For assets, since you are really only sponsoring your Husband you will need to show assets to the value of 3 x 125% of the poverty line.

For a household of 3, using the 2006 poverty guidelines, the amount is $20,750.00. So you would need to show assets of $ 62,250.00.

You can use your Husband's assets as well if this will help.

Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members.

So basically the burden of proof is on you, to prove to the consular officer that you could sell that asset within one year and that it has a value, at least, equal to the above guideline amount.

It would be helpful if someone on here who has foreign property assets and successfully used them as part of the affidavit of support would join in this conversation, I haven't seen a posting like that but I'm sure they are out there.

Edited October 29, 2007 by trailmix

[Gaby&Talbert 1]

Good point Chris, I think I have read this before but couldn't remember any details

I don't know if it applies in her case or not, but if the child has a grandparent (living or deceased) who was a U.S. citizen and lived in the U.S. for the required period, there also is a little known provision for U.S. citizenship to transmitted to the child through an "expedited naturalization" process.

Under a rather bizarre filing procedure for that benefit, she would file Form N-400 for her child with USCIS now with proof of the grandparent's U.S. citizenship & residence period, and once she has the USCIS appointment notice, the U.S. embassy will issue a B-2 nonimmigrant visa so the child can appear and be "naturalized."

THIS IS THE BEST METHOD FOR THE CHILD!!!!!!!!!

[Chris Parker 11]

For assets, since you are really only sponsoring your Husband you will need to show assets to the value of 3 x 125% of the poverty line.

These are the requirements if you are required to use the Affidavit of Support, yes. However, she is exempt from that requirement. She just has to generally show the consular officer that it is not likely, at the time of U.S. entry, that she is going to become a public charge. The wording of the Dept. of State rules suggest that, even though the child will be admitted to citizenship upon U.S. entry, public charge consideration still applies in determining admissibility.

My thoughts, which could be wrong, is showing that she it is not likely she will be eligible to apply for welfare benefits upon arrival would be adequate. Consular officers make that kind of determination all the time in employment-based and visa lottery cases.

In most states, if you have cash or cash equivilants in excess of an amount like $2000, you are ineligible to apply for welfare benefits (in other words, you have to spend almost all of your own money first, excluding your home, before you can apply for government cash assistance programs). I'm not saying that this small amount is all she needs to show to overcome the public charge presumption, but it would be one element I would definitely include. She should demonstrate everything about her financial situation and how she plans to support herself when in the U.S. for the consular officer to be able to make a fair decision on the matter. But the higher standard of the rules of an Affidavit of Support under section 213A to be considered sufficient that you state do not apply to her; rather there is just a showing (which could include the use of the Form I-134 affidavit of support by someone like her husband) that, to the satisfaction of the consular officer, it is not likely that the child will become a public charge.

Edited October 29, 2007 by Chris Parker

[trailmix 77]

For assets, since you are really only sponsoring your Husband you will need to show assets to the value of 3 x 125% of the poverty line.

These are the requirements if you are required to use the Affidavit of Support, yes. However, she is exempt from that requirement. She just has to generally show the consular officer that it is not likely, at the time of U.S. entry, that she is going to become a public charge. The wording of the Dept. of State rules suggest that, even though the child will be admitted to citizenship upon U.S. entry, public charge consideration still applies in determining admissibility.

She is talking of bringing her Husband as well, that is my understanding of her post?

Susan, can you please clarify that you are going to be sponsoring your Husband to come to the U.S. as well.

[Chris Parker 11]

She is talking of bringing her Husband as well, that is my understanding of her post?

Oh, yes, for her husband, she is going to need a I-864 that meets all the related requirements in INA 213A, including showing income above 125% of the poverty level, correct.

I was speaking of the child's case where, while the I-864 is not required and the child automatically becomes a citizen upon entry, overcoming the inadmissibility presumption that the child will become a public charge is still applicable.