Requirements to adjust status for a green card:

• You must be inspected and admitted at a US border/port of entry by a US Immigration official. For example, if you enter without inspection (EWI), stowaways cannot adjust status unless under some exemption).
• Admission is defined under INA 101(a)(13) as the “lawful entry of an alien into the United States after inspection and authorization by an immigration officer.
• A person paroled or for deferred inspection can adjust status.
• An approved I-130/I-140/I-360 is a precondition for AOS approval; these approvals do not guarantee a green card.
• Medical examination must be approved. Listen to our audio on medical exams.

If you are the person who directly qualifies for an immigrant category, you are known as the principal applicant. If you are the family member of a principal applicant, you are known as the derivative applicant.

Form I-485 is known as the Application to Register Permanent Residence or Adjust Status.   You file this form and several other USCIS forms along with a comprehensive list of support documents.

Inadmissibility and waivers:

There are certain bars to Adjust Status, meaning that you will not be eligible to adjust your status.

Immigration laws specify certain acts and conditions that can make one ineligible for lawful permanent resident status. These acts, conditions, or conduct are outlined in INA Section 212(a), and these are called grounds of inadmissibility. If you are inadmissible to the United States, you may not adjust your status to lawful permanent residence if you fall under one or more of the grounds of inadmissibility that apply to your immigrant category.

However, if you are inadmissible, you may be eligible to apply for a waiver of the ground or form of relief. If you’re inside the United States and my office files an Adjustment of Status Application for you, this will also include the affidavit of support, where the Sponsor, the Petitioner, must be able to show that their income is above the poverty guideline, which is typically at least 125% above the poverty guideline.

Do I need a co-sponsor:

If the Sponsor or the Petitioner does not earn enough ‘income’ in the most current tax year as evidenced by their 1040 IRS tax returns; then a Co-sponsor is permitted to act as the sponsor on the affidavit of support.

A Co-sponsor is anyone domiciled inside the United States who is either a lawful permanent resident or a U.S. citizen, at least 18 years of age. That person can be either a family member or a non-family member to be eligible to act as the co-sponsor.   They must have an income above the poverty guidelines.

If the Sponsor, the Petitioner, does not make enough money and their income is too low to act as the sponsor on the affidavit of support, if they don’t want to use a co-sponsor, assets can also be used, and my office can go over the requirements for the assets that would be required to make one eligible if income is not enough for the petitioner sponsor under the I-864 affidavit of support application

I-864 AFFIDAVIT OF SUPPORT

The Affidavit of Support is required by USCIS for most family-based petitions and some employment-based applications to show that there is an appropriate means of financial support for the intending immigrant, the applicant, the beneficiary, so that they won’t become a public charge to the United States.

Form I-864, is a contract between the sponsor or petitioner, typically the US citizen and/or the green card petitioner sponsor. The contract is between the sponsor and the US government. Once you complete and sign this form, it makes you the sponsor.

As a sponsor, you have to provide your most recent current tax returns, 1040 IRS filings. You are providing evidence that you earn and have enough income and/or assets to maintain the intending immigrant, the applicant, the beneficiary, and also the rest of your household, whether that’s a spouse and/or children. At least 125% of the federal poverty guidelines, and these guidelines change annually.

By signing Form I-864, you are agreeing to use your financial resources to support the intending immigrants named in the affidavit.

Is the sponsor legally bound by the affidavit of support contract:

Once form I-864 (and the other form I-864 variables) is submitted to USCIS, the intending immigrant may become ineligible for certain federal, state, and local means-tested public benefits because these agencies will consider your financial resources and assets as available to the intending immigrant.

If the intending immigrant named in your affidavit receives one of the designated federal, state, and/or local means-tested public benefits, that agency providing the benefit will request that you repay the cost of these benefits. And the agency will sue you as the petitioner and/or sponsor if the cost of the benefits provided is not repaid. By the beneficiary.

How to terminate the contract between the sponsor and beneficiary:

Divorce does not end the contract.

Death will end the contract, and other things such as the beneficiary becoming a US citizen.  Fully understand your obligations before acting as a sponsor on form I-864.