Posts Tagged ‘Beneficiary’

BIA held F2A visa beneficiaries may not "opt out" of automatic conversion to F1

The Board of Immigration Appeal (BIA) has just held that a visa beneficiary is not allowed to retain his F2A preference status by opting out of automatic conversion to the F1 category as a son of a United States citizen upon his parent’s naturalization. Matter of ZAMORA-MOLINA, ID 3729, 25 I&N Dec. 606 (BIA 2011)

The mother of the beneficiary son filed a visa petition on his behalf when he was under the age of 21.  However, while the case was waiting for a visa number, the son turned 21 and, subsequently, the mother became a naturalized citizen.

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Poverty Guidelines for 2011 for I-864

 

An intending immigrant must prove to the U.S. government that he or she will not become a “public charge” after immigration.  In other words, proof that there is sufficient financial support is one of the many requirements for a person to obtain a U.S. green card.  In all family petitions, the petitioner must promise under oath that the beneficiary immigrant will not become a financial burden of the U.S. by completing a Form I-864, Affidavit of Support.  The only exception is if the beneficiary has already completed 40 quarters of work in the U.S.  The petitioner (also the financial sponsor) must demonstrate in I-864 an income of at least 125 percent of the current poverty level for the his or her household size, plus the beneficiary immigrant(s). 
 

What if the petitioner cannot meet the I-864 requirements?  Another person may act as a joint sponsor if the petitioner does not have the required financial resources.  Both petitioner and the beneficiary may also use their assets such as real estate, stocks, bonds, cash, etc., to meet the I-864 requirements.  
How do we know what the poverty guidelines are?  It is the job of the U.S.

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New Rule in Force from 6th October

There is a rule from the Department of Homeland Security that requires the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. To comply with the same now the consular officers are required to ensure that, the said applicants have obtained an I-129 petition form from the Department of Home land security, prior to the issuance of the visa. The said rule has been in force from the 6th of October 2009.

In case there is a further requirement of a clarification about this rule you might feel free to get in touch with the Legislation & Regulations division of the Visa Service’s.

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