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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28188
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am US citizen and I applied I-130 mother.

Customer Question

Hello,
I am US citizen and I applied I-130 for my mother. My mother is in the US. I filed I-485 and I-765 for her. My income is low and I do not have anybody to be as a cosigner for the I-864, but I have house. House is paid off, I do not have mortgage or any liens against house. I submitted appraisal of the house and copy of deed, but my mothers I-485 was denied because of income. What can I do now???
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. Please answer the following: How much income do you earn? Do you have any savings or checking accounts with money in them? Do you have any stocks or other investments? Did you include the value of the home on the I-864? Do you understand that if the outcome is not what you wanted or hoped for, it is not my fault and I should not be given a negative rating because of it?
Customer: replied 1 year ago.
We earn 16800 in year, my husband and I, we have two kids. No savings
The only thing we have is our house, its paid off
Expert:  Expert James replied 1 year ago.
Did you include the value of the home on the I-864? Do you understand that if the outcome is not what you wanted or hoped for, it is not my fault and I should not be given a negative rating because of it?
Customer: replied 1 year ago.
Yes we did
Expert:  Expert James replied 1 year ago.
I'm sorry but I have to opt out to attend to a client. My apologies. Another Expert should be available to assist you.
Customer: replied 1 year ago.
OK
Expert:  Judith replied 1 year ago.
Hi, my name is ***** ***** Mr. James has otped out and I will be helping you.What evidence did you submit to show the value of your home?What is the value of your home as shown on your county or city tax assessment statement?Your family consists of you, your husband and your two children? Plus your mother? Judith
Customer: replied 1 year ago.
We sent them DEED and appraisal, house was appraised at 165K. Since I-485 was denied, what can I do now? File again? File an appeal?
Expert:  Judith replied 1 year ago.
You cannot appeal a denial of the I-485 but you can file a motion to re-open and reconsider. You use the same form I-290B.Who did the appraisal? Was it a licensed real estate appraiser?Also, what is the value of the home from the tax assessment? That is something USCIS would look up. It would really help if you could upload a copy of the denial and what you sent to support the 864. Just black out address, names, file number so no one will know your personal information.Judith
Customer: replied 1 year ago.
Appraisal was done by licensed appraiser, but it was done in 2010, but where i can get tax assesment? You think it would be better to file mothion to reopen with new documents or just to file i-485 again and to add co sponsor? Thank you
Expert:  Judith replied 1 year ago.
The required income level for a family of 5 which you are including your mother is $35,512 Your house has to be appraised at 5 times that value less your income of $16,800.$177,560-16,800= $160,760. Your appraisal is stale. Surely your home value has increased since 2010 - 5 years ago. In addition the old appraisal does not meet the requirement of $161,000.You need to contact the County or City tax appraiser where you live. You pay real estate taxes every year based on the assessed value. That is where you get the tax assessed value from.Those usually are below market price so you may want to see what it values the property at and if it is below what you need to show then you need to get a new appraisal for market value based on comperables for homes that sold in your area that are similar to yours.A motion to Reopen is $680. A new I-485 is $1070.It depends on what you get to show the value of the home today, not 5 years ago to decide what to file.I would say to file the Motion if the tax assessment supports the required value.My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith

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