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Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience:  Knowledgeable and experienced immigration lawyer.
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Hello, In April 2013, I applied for a family based green

Resolved Question:

Hello,

In April 2013, I applied for a family based green card application by filing I130, i485, i864 and all other relevant forms. My wife who is petitioning for me is a USC. However, she is a student and has no income. However, because I am currently employed in the US with a H1B visa, I was able to use myself as the sponsor in i864. Now, I just recently quit my job to attend school and as a result, my H1B status has ended as well. My green card interview is coming up in about a month and I have the following questions:

- Given that I have already been assigned an interview date, do I need to worry about sending in a new I864 with a joint sponsor who has enough income to sponsor me? Or is it possible that all sponsor-level checks have already happened and that I needn't worry anymore?
- If I should get a joint sponsor, do I need to mail in a separate form right away, or can I put together all the required documents and just provide them on the interview date?
- If I do need to send the form right away, will I also need to reschedule my upcoming interview date? How would I know that they have reviewed my new i864 form before the interview date?

I understand that these are very specific questions, but I would greatly appreciate your help on this matter.

Thanks so much
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 1 year ago.
Generally speaking, it is better to stand with the application that is filed because adding supplemental applications can sometimes delay the application process.

However, the change of circumstances in income is very relevant with respect to your green card because the petitioner must be able to prove that the beneficiary will not become a public charge. To that extent, resigning from your job to attend school has the potential to delay your green card if the USCIS officer needs additional time to review the joint sponsor's information or he or she may be comfortable proceeding forward with the application.

1) It is possible that all of the sponsor information has been approved but the I-864 is a requirement that may be verified at the interview so it would be a good idea to have a joint sponsor available with a completed I-864 Affidavit of Support. Mailing the information as a supplement prior to the interview if there is a window of time to do so without a request for additional evidence may only cause confusion with your green card application.

2) As mentioned above, with an interview already on the books, it would probably be a good idea to have both the I-864 Affidavit of Support at the interview if it is necessary.

However, it would probably be a good idea to have an immigration attorney review your application prior to the interview.



Customer: replied 1 year ago.


Thanks for the prompt response. So what you are suggesting is that I should have the documents available and only present them at the time of the interview if I am asked for them? Also, how/why would having an attorney review my application help in this situation? How much should I be looking to pay them for such a review? Any recommendations for attorneys in the NYC area would also be highly appreciated!


 


Thanks!

Expert:  Wilton A. Person replied 1 year ago.
You are welcome. Yes, it is always better to be prepared considering that the income situation of the household has changed.

An experienced immigration attorney could provide insight and points and most importantly provide you legal advice to assist you. There is not an immigration attorney that I could personally refer you to in New York City. I would not anticipate that you pay more than a few hours of work for a thorough review and an opinion letter but the hourly rate is much higher in New York and most larger cities.
Customer: replied 1 year ago.

Thanks again! Is it really common to use opinion letters for immigration matters? Also, what purpose would the letter really serve?

Expert:  Wilton A. Person replied 1 year ago.
You are welcome. It is common for persons who prefer to have professional legal advice rather than take a chance that some important aspect of the application may be overlooked. Immigration law has many nuances that an experienced attorney can help a client navigate the immigration process. An opinion letter would be a document that a person could rely as he or she moves forward with the process to avoid risking the application being denied and/or delayed.
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience: Knowledgeable and experienced immigration lawyer.
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Wilton A. Person
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