I-864 & I-864A Question

Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf Why Does a Household Member Complete Form I-864A? A household member completes this contract if the household member’s income and/or assets will be used to demonstrate the sponsor’s ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA section 213A(f)(l)(E) or section 213A(f)(3). If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents. Filing Fee: There is no filing fee to file Form I-864A with USCIS. Where do I file? This contract MUST be filed with Form I-864. Who completes this form? The sponsor and a household member complete and sign this form. If either the sponsor or the household member is under guardianship, the guardian of that individual’s estate (financial affairs) may sign the form. Principal Immigrant The principal immigrant must submit one original Form I-864 and Form I-864A for his or her file along with supporting financial evidence of the sponsor’s and household member’s income. A Form I-864 or Form I-864A is considered original if it is signed in black ink. The principal immigrant should submit photocopies of the completed Form I-864 and Form I-864A for each of the family members traveling with him or her. Copies of supporting financial documents are not required for the principal immigrant’s family members. Tips on completing Form I-864A SECTION WHAT TO DO Part 1 The household member completes this section. Part 1, Questions 6.a-7 The household member provides his or her Place of Birth and Social Security Number, if you have one. Part 2, Questions 1.a.-1.c. The household member indicates the relationship to the sponsor (or, if appropriate, the joint sponsor or substitute sponsor). Part 3, Questions 1.a.-2.And Part 4, Questions 1-3d The household member provides this employment information and current individual annual income. In the beginning of Part 5 The sponsor (or, if appropriate, a joint sponsor or substitute sponsor) must print their name and the number of intending immigrants being sponsored. This number should include all intending immigrants that were listed in Part 5, Questions 1.a-25 and those listed in Part 9, Additional Information (if any). Part 5 List only the intending immigrants that are being sponsored on Form I-864. Part 5, Questions 31.a.-31.b. The sponsor (or, as appropriate, a joint sponsor or substitute sponsor) must sign and date the form. The signature needs to be original (not a photocopy). Part 6, Questions 6.a-6.c The household member must print, sign and provide the date of signature in black ink. The signature needs to be original (not a photocopy). Supporting Documents Checklist The following items must be submitted with Form I-864A: For ALL sponsors: For SOME sponsors: FREQUENTLY ASKED QUESTIONS How do I calculate my household size? The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. Who can be a Financial Sponsor? A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. What are Poverty Guidelines? Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. You can find these guidelines on USCIS’s website. What happens if the petitioner doesn’t have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. If the poverty guidelines change between the time the petitioner signed the Affidavit of Support and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new Form I-864? No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? No, the law does not recognize offers of employment in place of the Form I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? If a sponsor’s income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. When looking at income levels, the consular officer will look...

HOW TO WRITE A COVER LETTER TO USCIS

Is A Cover Letter Required With My Submission to USCIS? USCIS does not require you to submit a cover letter for any immigration benefit or visa application. They are commonly used though for any formal submission and filings with USCIS are no exception. Law firms will always provide a cover letter with a filing as it has many benefits and is also just standard practice. What Is a USCIS Cover Letter? A cover letter is just a printed letter that helps USCIS officers navigate your application materials. You can place a cover letter at the top of your application, petition, or any other package of documents being submitted. You let the person opening the package know who it is intended for, what is inside, and who sent it making it less likely that it goes to the wrong place or there are other clerical errors. Further, by outlining your reasons for applying and the contents of your application in a cover letter, you give your USCIS officer a useful overview of your case. You can also use your cover letter like a checklist to make sure you’ve included all necessary documents in your package. In some cases, you may want to use a cover letter to explain any special circumstances you want the USCIS officer to be aware of before they start reviewing your application. If you have a unique or complicated background, it is especially helpful to supplement your application with a cover letter. It will ensure that USCIS becomes aware of any special circumstances and can consider your application with this in mind. What Should My USCIS Cover Letter Include? When submitting a cover letter with your application, be sure to include the following: What Supporting Evidence? Your supporting documents for an application will depend on which forms you’re filing. You can determine which documents are necessary by reviewing USCIS’ webpage for your specific form. For example, USCIS lists the required supporting evidence on its webpage for Form N-400 applicants. Other Information You’ll also need to identify the right mailing address for your application. To do so, you should consult the USCIS website. For example, naturalization applicants can review USCIS’s webpage for Form N-400 direct filing addresses. Your filing fees will depend on your specific application type. You can use the USCIS Fee Calculator to determine your costs. For example, suppose you are filing for naturalization with Form N-400. You should select Form N-400 on the Fee Calculator and enter your age. USCIS may ask for additional information, such as your specific application category. Keep your cover letter brief. Do not provide any explanation or extra information unless absolutely necessary. The cover letter and any supporting evidence must be in English (any supporting evidence that is not in English should be accompanied by a certified English translation). TEMPLATE: COVER LETTER TO USCIS

FREQUENTLY ASKED QUESTIONS (FAQ’S)

Can I Travel Once My U Visa is Approved? 

Once you receive the I-918 approval notice indicating you are in U nonimmigrant status, can you can travel outside of the United States? Technically, individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a trip abroad. While theoretically possible, it would not be advisable.  There are also two serious concerns that would arise relating to unlawful presence bars and the continuous physical presence requirements for U nonimmigrants to be able to adjust status and obtain a green card after three years in U status.  Unlawful Presence Bars There are also complications that arise from unlawful presence. If the U visa holder accrued unlawful presence, which most have, then departure from the United States will trigger a three- or ten-year bar making them inadmissible. Once a U nonimmigrant that is outside of the country has triggered a new ground of inadmissibility such as the unlawful presence, they will need to apply for a new waiver of inadmissibility on Form I-192 (any existing I-192 that was approved will only cover grounds of inadmissibility that existed at the time it was approved not grounds that were triggered after). They will be required to remain outside of the United States during the adjudication of the waiver.  Note: This is because they are outside the United States and reentering thus they must be admissible, otherwise new grounds of inadmissibility would not necessarily require a new waiver for purposes of adjustment of status.  Continuous Physical Presence Requirements for Adjustment of Status In Three Years Further it may create an obstacle to later eligibility to adjust status to become  a legal permanent resident and get a green card. In order for U visa holders to apply for adjustment of status to lawful permanent residence, she must demonstrate continuous physical presence in the United States. The regulations state that “an alien shall be considered to have failed continuous physical presence…if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate of 180 days.”  Since it will almost certainly take more than 90 days to process the visa and/or waiver needed, the U visa holder will likely become ineligible for adjustment of status since they will have an interruption in their continuous physical presence.  Grounds of Inadmissibility Triggered After The Approval  U visa holders are not required to demonstrate their admissibility when applying to adjust their status pursuant to INA §245(m). Thus, when the U visa holder applies to adjust her status, there is no need—and, indeed, no mechanism—for USCIS to waive her smuggling ground of inadmissibility, and the existence of the unwaived ground of inadmissibility will not preclude them from adjusting status. However, the new ground of inadmissibility may (and very likely will) factor into USCIS’s determination as to whether discretion should be exercised in the applicant’s favor. Therefore, it is likely that it will ultimately end up preventing them from being able to adjust status just under a different legal ground.  Per the regulations, where new grounds of inadmissibility and other adverse factors are present at the adjustment stage, the applicant may “offset” them “by submitting supporting documentation establishing mitigating equities that the applicant wants USCIS to consider when determining whether or not a favorable exercise of discretion is appropriate.” See 8 CFR §245.24(d)(11). Depending on the nature and severity of the adverse factors, “the applicant may be required to clearly demonstrate that the denial of adjustment of status would result in exceptional and extremely usual hardship.” See 8 CFR §245.24(d)(11). [The regulations provide that “USCIS will generally not exercise its discretion favorably in cases where the applicant has committed or been convicted of a serious violent crime, a crime involving sexual abuse committed upon a child, or multiple drug-related crimes, or where there are security- or terrorism-related concerns.” Id.] In that scenario, if trying to overcome new grounds of inadmissibility, you would want to try to tie the new ground of inadmissibility or other adverse factor(s) to the applicant’s victimization and/or cooperation with law enforcement. Though such a showing is not legally required, it can serve as a strong mitigating equity. Address and provide evidence of the humanitarian considerations and disruption to family unity that will result if USCIS denies the adjustment application.

HOW TO MAKE A FOIA REQUEST

What is the FOIA? The FOIA is a federal statute (5 U.S.C. § 552) which affords any person the right to obtain federal agency records unless the records (or a part of the records) are protected from disclosure by any of the nine exemptions contained in the law or by one of three special law enforcement record exclusions. You can use FOIA to request a copy of the file immigration has on you to obtain information and documents from your immigration case. WHAT INFORMATION SHOULD I INCLUDE WITH MY REQUEST? A FOIA request should reasonably describe the records sought and include identifying information. For example, if a FOIA request seeks a record of proceedings, your request, if possible, should include the alien’s full name, aliases, immigration hearing location, and alien registration (A) number (if known). If the A number is not known or the case occurred before 1988, please provide the date of the Order to Show Cause, the country of origin, and the location of the immigration hearing. HOW DO I REQUEST RECORDS ABOUT MYSELF? To ensure that privacy protected information is not improperly released, a request seeking records regarding yourself must verify your identity. The FOIA Service Center recommends submitting an originally signed and dated DOJ-361 Form Certification of Identity.  -OR- Alternate Certification: when you are requesting your own records, you may verify your identity using your: (1) full name; (2) current address; (3) date and place of birth; and either:   4a. A notarized signature; or   4b. This statement immediately above your signature: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].” HOW DO I REQUEST THE RECORDS OF ANOTHER PERSON? Requests for information about a person other than the requester require proper authorization allowing release of the information. If you are seeking nonpublic information, such as the record of proceedings before an immigration court regarding a person that is not you or a person you represent, the FOIA Service Center recommends that you include in your request an authorization to release information from the person who is the subject of the request or an explanation about how the public interest outweighs the privacy interest of the subject of the record. The FOIA Service Center recommends having the person who is the subject of the request complete, sign and date Form EOIR-59, Certification and Release of Records for this purpose. If you are the attorney of record, you may wish to provide evidence of that fact, such as a valid entry of appearance, Form EOIR-27 or Form EOIR-28. HOW TO SUBMIT A FREEDOM OF INFORMATION OR PRIVACY ACT REQUEST FOIA requests may be submitted through the Public Access Link. I recommend submitting a FOIA with USCIS if you are trying to obtain your A file. You can get details on that on the USCIS website here. You can make requests online at securerelease.us (which is run by a private company on behalf of various government agencies). Alternately, FOIA requests may be mailed to: Office of the General CounselAttn: FOIA Service CenterExecutive Office for Immigration Review5107 Leesburg Pike, Suite 2150Falls Church, VA 22041 FIND MORE INFORMATION ABOUT THE FREEDOM OF INFORMATION ACT (FOIA)