Last week, USCIS’s plan to implement its new public charge rule and forms, including the dreaded I-944 Declaration of Self Sufficiency, was stymied by a temporary injunction blocking the revised guidelines. However, the nationwide ban only appl…
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Last week witnessed the release of the much-dreaded final rule pertaining to the public charge ground of inadmissibility. To say that the new policy is a drastic reworking of the current practice is an understatement. The policy changes not only sign…
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Over the last year, there has been alarming uptick of consular cases denied on public charge grounds. Under this ground, a visa may be refused if the “applicant is likely, at any time after admission, to become primarily dependent on the US Gov…
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In recent months, many of the more notable immigration developments have concerned the public charge ground of inadmissibility. The first rumblings occurred when the Department of State began implementing new guidelines vitiating the presumptive weig…
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In nearly all family based immigration cases, the petitioner must execute an I-864 Affidavit of Support form. The “affidavit” is essentially a contract between the sponsor and the US government that the sponsor has sufficient income to ma…
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Last week, USCIS released the 2016 HHS Poverty Guidelines. As expected, the numbers have risen slightly. It is critical to look at the most current poverty guidelines for each year, as they determine whether a sponsor will be able to demonstrate suff…
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In the case where a petitioner passes away before a beneficiary is able to immigrate, the I-130 is normally cancelled. Under certain circumstances, the case may still continue through approval of a humanitarian reinstatement request. These requests,…
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Do I fill out the I-864 or the I-864A? This is a very common question. The affidavit of support is often a source of great confusion because there are two forms bearing the same number: the I-864 and the I-864A. Although they are both affidavits, eac…
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One often-overlooked requirement of the affidavit of support is that the petitioner maintain a domicile in the United States. This issue comes into play when the petitioner, usually a United States Citizen, is living abroad and does not currently liv…
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